THE PHILIPPINES:
A GLOBAL MODEL
ON LABOR MIGRATION?
Second Edition
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
1
Published by:
Center for Migrant Advocacy (CMA)
Friedrich Ebert Stiftung (FES)
June 2009
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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TABLE OF CONTENTS
Introduction
Message
List of Acronyms
Executive Summary
Page Number
1
5
9
12
PART I Filipino Labor Migration: Trends, Issues and
Concerns
Philippine Realities
The Global Context
Trends in Philippine Overseas
Migration 2007-2008
19
33
40
PART II Revisiting the Dr. Alfredo J. Ganapin
Advocacy Forum Series, 2004-2008
67
PART III Recommendations from the AJGFS
104
PART IV Philippine Commitment to the Human Rights
of Migrant Workers and Their Families
A. United Nations Conventions and
Treaties
B. International Labor Organization
Conventions
C. Bilateral Labor Agreements
D. Bilateral Agreements on
Seafarers' Certification
E. Bilateral Social Security Agreements
F. Philippine Laws and Policies that
Affect OFWs and Overseas Filipinos
G. Concluding Observations of the UN
Committee on Migrant Workers
INTRODUCTION
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
153
154
157
169
188
190
195
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In October 2008, the Philippines hosted the second
Global Forum on Migration and Development (GFMD).
Representatives from 160 member-countries of the United
Nations, international organizations and 220 civil society
organizations came together to discuss key issues on
migration and development. GFMD participants discussed
the protection of the rights migrant workers worldwide as
one of the forum’s three roundtable themes, which included
Migration, Development and Human Rights, Secure and
Legal Migration and Policy and Institutional Coherence and
Partnerships.
The Philippines has been touted as a global model
for labor export and was the first labor-exporting country to
host the GFMD. It has been lauded by other labor-exporting
countries for its handling of its labor-export program.
Several officials of labor-exporting countries have actually
asked the Philippine government to give them pointers in
managing and developing their labor-export programs.
With some 8.7 million migrants, overseas Filipino
workers (OFWs), and undocumented worker overseas who
remit more than 12 billion dollars each year, the Philippine
government has passed a number of laws, instituted
policies, and created structures for the purpose of serving
the needs of its overseas workers and their families. The
Philippines is also a State party to practically all
international UN and ILO instruments that promote the
human rights of migrants.
In many cases, however, many Filipino migrants still
find themselves in vulnerable situations and are unable to
realize the rights guaranteed by national and international
instruments.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
4
Is the Philippine government really a “model” for
overseas labor export management? Does its laws and
agencies truly serve the needs of Filipino overseas workers
and their families? Has the country been able to draw on
international instruments to promote their rights?
This publication seeks to unpack the concept of a
“global model” and examine Philippine labor migration
policies, not merely in terms of the numerous laws, policies
and international human rights instruments it has enacted
and ratified but more so in terms of the efficacy of these
policies to respond promptly and adequately to the situation
of migrants throughout the entire migration cycle –prior to
departure, on-site and upon return to the Philippines.
Part One presents the Philippine and international
contexts of labor migration.
Philippine Realities discusses the present socioeconomic and political situation in the country. These
realities will explain how the Philippines came to be the
world's third labor-exporting country.
Global Context of Migration takes off from the
phenomenon of globalization and discusses the push and
pull factors that have both compelled and attracted millions
worldwide to become migrant workers.
Trends in Philippine Overseas Migration 2007-2008
specifically focuses on major developments that concerned
Filipino migrant workers within this period. This part
provides information on the numbers and distribution of
migrant Filipinos to major destination countries. It also
touches on the failure of government to curb excessive
placement fees and illegal recruitment, challenging the idea
of the Philippines as a global model for overseas migration.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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This part further raises a question on the quantity and
quality of resources committed by the Philippine
government towards fulfilling its state responsibility to
OFWs. Lastly, it touches on the political rights and right to
family life of migrant Filipinos.
Parts II and III revisit the 18 public forums that CMA
and FES conducted in the past five years (2004-2008). This
section takes a critical look at the compilation of the various
resolutions, challenges and promises that came out of the
quarterly Dr. Alfredo J. Ganapin Advocacy Forum Series
(AJGFS), bearing in mind the underlying question of
whether the Philippine government indeed holds up as a
global model for other labor-exporting states. A progress
report on the status of the various recommendations that
came out is also included. This will serve as a guide post to
advocates and government alike on their efforts to promote
and protect the rights of migrant workers.
Part IV is an annotated listing of the Philippine
government’s commitment to the human rights of migrants
at the international, bilateral and national levels.
It
enumerates the various UN and ILO Conventions that the
Philippines is a State Party to; the bilateral labor and social
security agreements that it has forged, and the major
Philippine legislations and policies that have been signed
and enacted. It also includes the Concluding Observations
of the UN Committee on the Migrant Workers Convention in
its first time session with the Philippines as a State Party to
the Migrant Workers Convention in April 2009.
We hope that the readers, especially migrants’
rights advocates-- in government and outside of it, will find
this paper useful in their work.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Finally, CMA thanks Wilma Rojas for doing the final
copy edit of the manuscript. Wilma is doing her field work
with CMA in partial fulfillment of her post-graduate course in
the Department of Women and Development Studies,
College of Social Work and Community Development,
University of the Philippines in Diliman. Many thanks also to
Maria Allyn Acosta, a daughter of an OFW in Saudi Arabia
and our volunteer in CMA, for the cover design.
Center for Migrant Advocacy
June 2009
Manila
MESSAGE
The Friedrich-Ebert-Stiftung (FES) is a German
non-profit educational and political foundation active in the
Philippines for the past forty-two years. Promoting
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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participatory democracy, social justice and providing
spaces for
dialogue in enhancing
international
understanding, it has established partnerships with various
sectors in the country and within the region. Through
cooperation with non-governmental organizations (NGOs),
labor groups, the academe and the government, FES seeks
to contribute in building a more inclusive political system
and a people-centered economic development. It is thus
only natural for FES to work with the catalysts of
development, i.e., the working people. Among those,
migrant workers merit some special attention due to their
role as drivers of and, more often than not, victims of an
economic system that increasingly transcends national
borders.
As the number of overseas Filipino workers (OFWs)
remains unabated, FES views its role in facilitating
collaboration among different groups working with migrant
issues as essential. FES engages with actors in civil society
and government in broadening the discourse on the current
framework of labor migration and in the full implementation
of laws pertaining to migrants.
In addressing gaps in the understanding and
appreciation of labor migration issues by various groups among OFWs, migrant NGOs and other sectoral
organizations, government agencies, the diplomatic corps,
the media and the public at large---FES and the Center for
Migrant Advocacy-Philippines (CMA-Philippines) conducted
regular briefings on migration issues. By providing sharp
analyses and promoting sound recommendations for
policymakers in both the national and international arenas,
the FES-CMA partnership contributes in forging a broadbased cooperation among migrants and advocates in the
country and overseas. From 2005 until 2008, the quarterly
discussions, the Dr. Alfredo J. Ganapin (AJG) Advocacy
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Forum Series, created a space where stakeholders---government, non-government groups, competent resource
persons and migrant workers---get together to discuss
selected issues, examine the impact on the migrant sector,
and identify possible responses of the various stakeholders.
Among the themes tackled in the AJG Advocacy Forum
Series include: GATS/Mode 4; Protection of the Rights of
Migrant Workers and the Role of Trade Unions in LaborSending and Receiving Countries; Policy Issues on Skilled
Migration: The Case of Filipino Nurses; Pinay X-Abroad:
The Homecoming: Stories of Tears and Triumphs; A
Migration Centennial Forum: Migration Prospects; OFWs,
Trafficking and Irregular Migration; Filipino Seafarers;
Economics of Migration and the ASEAN Declaration on
Migrant Workers.
The multi-dimensional process of migration is not
random but rather embedded in historical, political, social
and economic relationships. Certainly these dynamics pose
enormous problems but they also allow for new
opportunities. The greatest challenge has to do with the
fact that in order to resolve local problems or take
advantage of certain opportunities, various actors,
particularly
government
agencies,
civil
society
representatives and organization, must not maintain a
parochial worldview but instead come up with agenda that
are appropriate, innovative and inclusive. The increasing
global economic recession adds concerns as to how to
safeguard the migrant workers in the increasingly flexible
labor markets and how to support the successful
reintegration of returning migrant workers to local
economies.
FES considers the exemplary process by which the
dialogues were conducted and where various migration
stakeholders were able to actively participate in the
discussions. The results of the process do not entirely
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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represent the thoughts or plans of FES or reflect the
opinions of the foundation. FES continues to support the
migration stakeholders in the country because the job of
providing a safe workplace, representation for the interest
of the migrant workers and their families and prospects for
the individual and collective empowerment and
development of workers both at home and abroad is far
from done. We value the process we helped set underway
and look forward yet again to more opportunities for
constructive dialogues with other stakeholders, the
government agencies, civil society organizations and the
private sector on areas for collaboration and further
development of policies urgently needed to protect migrant
rights.
-----------------------------------The Friedrich Ebert Stiftung (FES) is a German
non-profit, private political foundation committed to the
concepts and basic values of social democracy. The FES
promotes democracy and social justice within the context of
national societies as well as international cooperation. Its
projects give special focus on:
 Promoting socio-political dialogue between various
groups, in the understanding that peace and
democracy can only prevail on the basis of sharing
and compromising;
 Empowering marginalized social sectors and
groups to represent their interests in areas of socioeconomic and socio-political decision-making;
 Exchange programs and international cooperation
to build awareness of global interdependence of
states and societies and the need for multilateralism
with fair participation.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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FES is a German organization with activities in more
than 100 countries. While its headquarters is located in
Bonn and Berlin, it maintains a network of branch offices in
some 80 countries. The regional office is located in
Singapore while the FES Philippines Office coordinates
regional activities on labor migration.
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ON LABOR MIGRATION?
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List of Acronyms
ACMW – Asean Committee on Migrant Workers
AJGAFS – Dr. Alfredo J. Ganapin Advocacy Forum Series
AMEND – Alliance of Migrant Workers and Advocates to
Amend RA 8042
ASEAN – Association of Southeast Asian Nations
BLAs – Bilateral Labor Agreements
CAR – Cordillera Administrative Region
CCTV – Closed-Circuit Television
CEDAW – Convention on the Elimination of All Forms of
Discrimination Against Women
CFO – Commission on Filipinos Overseas
CHR – Commission on Human Rights
CMA – Center for Migrant Advocacy
COMELEC – Commission on Elections
COPPA – Comprehensive Orientation Program for
Performing Artists
CLOAV – Certified List of Overseas Absentee Voting
CSOs – Civil Society Organizations
DFA – Department of Foreign Affairs
DND – Department of National Defense
DOJ – Department of Justice
EO – Executive Order
EPA – Economic Partnership Agreements
EPS – Employment Permit System
FES – Friedrich Ebert Stiftung
FTA – Free Trade Agreement
FWRCs – Filipino Workers Resource Centers
GCIM – Global Commission on International Migration
GDP – Gross Domestic Product
GFMD – Global Forum on Migration and Development
GNP – Gross National Product
HIV-AIDS – Human Immunodeficiency Virus – Acquired
Immune Deficiency Syndrome
HR – House Resolution
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HSW – Household Service Workers
ILAS – International Labor Affairs Services
ILC – International Labor Conference
ILO – International Labor Organization
JPEPA – Japan-Philippines Economic Partnership
Agreement
LFS – Labor Force Survey
LGUs – Local Government Units
MOA – Memorandum of Agreement
MOU – Memorandum of Understanding
MILF – Moro Islamic Liberation Front
MTPDP – Medium-Term Philippine Development Plan
NGO – Non-Government Organization
OAV – Overseas Absentee Voting
OAVL – Overseas Absentee Voting Law
OCA – Office of Consular Affairs
OFW – Overseas Filipino Worker
OPAS – Overseas Performing Artists
OUMWA – Office of the Undersecretary for Migrant
Workers Affairs
OWWA – Overseas Workers Welfare Administration
PEOS – Pre-Employment Orientation Seminar
PDOS – Pre-Departure Orientation Seminar
PMA – Philippine Medical Association
POEA – Philippine Overseas Employment Administration
POLO – Philippine Overseas Labor Office
RA – Republic Act
SB – Senate Bill
SGISM – Shared Government Information System on
Migration
SOS-SMS – SOS-Short Messaging System for OFWs in
distress
SSS – Social Security System
TESDA – Technical Education and Skills Development
Authority
UN – United Nations
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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UNDESA – United Nations Department of Economics and
Social Affairs
UNICEF – United Nations Children’s Education Fund
UN CMW – United Nations Convention on the Rights of All
Migrant Workers and Members of Their Families
UN MWC – UN Migrant Workers Committee
WHO – World Health Organization
WTO-GATS – World Trade Organization’s General
Agreements on Trade in Services
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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EXECUTIVE SUMMARY
The Philippines has been touted as a global model
for labor export. In not a few international gatherings,
Philippine officials have been lauded for their handling of
the country’s labor-export program. Officials of laborexporting countries have even actually asked the Philippine
government officials to give them pointers in managing and
developing their labor-export programs.
With some 8.7 million migrants, overseas Filipino
workers (OFWs), and undocumented worker overseas who
remit more than 12 billion dollars each year, the Philippines
has a number of laws in place and agencies mandated to
the serve the needs of its overseas workers and their
families. Several international instruments to promote
migrants’ rights have also been put in effect the past
decade.
In many cases, however, Filipino migrants still find
themselves in vulnerable situations and unable to realize
their rights guaranteed by national and international
instruments.
Does the Philippines live up to its image as a model
for overseas labor export? Do its laws and agencies really
serve the needs of Filipino overseas workers and their
families? Has the country been able to draw on
international instruments in promoting the rights of Filipinos
abroad?
This document seeks to lay bare the concept of a
“global model” by presenting current Philippine and global
realities and how these affect and influence labor
outmigration in the country. It will examine as well
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Philippine labor migration policies, not merely in theory but
also in terms of realities on the ground.
Based on the facts and realities presented in this
paper, readers can either remain convinced that the
Philippines really is a “model” that should be emulated , or
they can turn into critics of the current labor export
program.
It has several parts. Part I includes Philippine
Realities, Global Context, and Trends in Philippine
Overseas Migration 2007-2008. Combined together, these
three topics discuss the major push and pull factors that
weigh heavily on the expanding Filipino Labor Migration.
Philippine Realities discusses the present socioeconomic and political situation in the country. These
realities explain how the Philippines has turned into the
world's third largest labor-exporting country in the world.
It mentions the modest growth in the Philippine
economy, but at the same time points to the absence of a
trickle down effect that results in increasing unemployment
and underemployment, widespread poverty, and the rising
number of urban and rural poor.
This section also bewails the dismal public service
in the health and education sectors, both of which have
never received enough attention from the current
administration.
It gives updates on the effect of the current global
crisis on the employment of workers within the country and
on the deployment and employment of OFWs.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Finally, it touches on the state of politics in the
country, arguing that the Arroyo administration has, for the
past three years, been suffering from a deep political crisis.
This section also presents evidence on the continuing
human rights violations in the country.
Global Context of Migration takes off on the
phenomenon of globalization and how it provides the pull
factors that have significantly raised the number of migrant
workers worldwide. Rising mobility and the increase in the
world’s population of migrants are two developments that
came with globalization.
Slow population growth and an ageing population in
developed countries are two factors seen to influence the
increase in immigration or deployment of migrant workers
to these countries.
This section further lists other developments that will
likely contribute to growing mobility across borders: 1)The
rapid pace of technological developments, 2)The growth of
global production systems, 3)The growing informalization of
work.
Lastly, this section contends that migrant workers
are often the first to lose their jobs during economic
downturns, as in the current global financial crisis.
Trends in Philippine Overseas Migration 2007-2008
specifically focuses on major developments in the period
2007-2008 concerning Filipino migrant workers.
It also mentions briefly how labor migration has
been institutionalised to respond to the jobs crisis in the
country. In that light, it asks if the Philippines is really a
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
17
global model for overseas migration in the context of
migrants rights protection.
This section likewise lists down and discusses the
core issues that confront Filipino migrant workers at all
levels of the migration cycle: 1) Feminization of Filipino
Labor Migration, 2) Undocumented Filipinos Overseas, 3)
Migration Costs and Recruitment Agencies, 4)Overseas
Posts and Personnel, 5) Limited Number of Representative
Offices, 6) Acute Lack of Personnel Overseas, 7) Political
rights and representation in governance structure, 8)No
consultation, No Voice in Decision-Making, 9) Social Costs
of Migration, and, 10)Reintegration.
In closing, this section, after presenting current
realities faced by OFWs, asks if the Philippines is really a
global model for labor outmigration.
Parts II and III re-examine the 18 public forums that
CMA and FES conducted between 2004 and 2008. These
parts specifically take a critical look at the compilation of the
various resolutions, challenges and promises that came out
of the now-regular Alfredo J. Ganapin Advocacy Forum
Series (AJGFS), having in mind the underlying question of
how the Philippines holds up as a global model for other
labor-exporting countries.
Part II starts with the year 2004, which features the
three forums on: Round table Discussion on Overseas
Absentee Voting, Overseas Filipinos Agenda Building
Conference, and On-site Protection for Migrant Filipinos.
Meantime, the year 2005 had four forums: WTO
GATS Mode 4: A Prescription for Migration?, Protection of
the Rights of Migrant Workers and the Role of Trade
Unions in Labor-Sending and Receiving Countries, Policy
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Issues on Skilled Migration: The Case of Filipino Nurses,
and “Pinay X-Abroad”: Stories of Tears and Triumphs.
Later, the year 2006 featured: Ganito Tayo Ngayon,
Paano Tayo Bukas? Prospects of Filipino Labor Migration
and Philippine Development, OFWs, Irregular Migration,
and Trafficking, National Forum on the 2006 ILO Maritime
Labor Convention: Implementing the Magna Carta for
Filipino Seafarers, and Round table Discussion on Practical
and Legal Remedies to Address the needs of Families
Abandoned by Overseas Filipino Workers.
Year 2007 had the following forums: The ASEAN
Declaration for the Protection and Promotion of Migrant
Workers: What’s Next?, Promoting and Fulfilling the Human
Rights of 8042, Revisiting RA 8042 and Beyond, A Call to
Action: Know Your Rights, No to Illegal Recruitment and
Trafficking, and The Effectiveness of Migrant Workers’
Education and Information.
Lastly, the year 2008 had: Filipino Labor Migration:
What Role for Congress, Democratization through
Migration, and The Philippines: A Global Model on Labor
Migration?
Part III lists the recommendations, resolutions,
challenges and promises that resulted in the 18 forums.
Those addressed to the Department of Foreign
Affairs - Office of the Undersecretary for Migrant Workers
Affairs (DFA-OUMWA) were issues, problems and
shortcomings on the areas of Policy, Research and
Resource Allocation and Staffing.
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Those addressed to Diplomatic Posts, were
recommendations on Networking, Staffing, On-Site
Personnel, and Programs and Services.
The
Philippine
Overseas
Employment
Administration (POEA), received recommendations on its
handling of contracts, agencies and seafarers.
On the other hand, the Overseas Workers Welfare
Administration (OWWA) got recommendations on the areas
of Representation, Programs and Services, and PreDeparture Orientation Seminars.
Congress received as well recommendations on the
areas of Legislation and Services, its Oversight Function,
and the issue of Overseas Voting.
Recommendations on Cross-Cutting Government
Themes, such as Multilateral and Bilateral Agreements and
Information and Education were addressed to DFA,
Diplomatic Posts, POEA, and Commission on Higher
Education (CHED).
Other recommendations were similarly addressed to
the Department of Labor and Employment (DOLE), Local
Government Units, the Department of Justice and the
Courts.
Part IV is an annotated listing of various UN and
ILO Conventions already ratified by the Philippines, the
bilateral agreements so far forged by our government, and
the major Philippine legislations and policies that the
legislative and executive branches have enacted.
The Philippine government is already committed to:
1)United Nations Conventions and Treaties, 2)International
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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Labor Organization Conventions, 3)Bilateral Labor
Agreements, 4)Bilateral Agreements on Seafarers'
Certification, 5)Bilateral Social Security Agreements,
6)Philippine Laws and Policies that Affect OFWs and
Overseas Filipinos, and, 7)Concluding Observations of the
UN Committee on Migrant Workers
PART I - Filipino Labor Migration: Trends, Issues and
Concerns
A. PHILIPPINE REALITIES
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The Philippine economy grew by a modest 4.6% in
20081.This drew on the strong performances of
manufacturing, construction and trade. But the so-called
growth in manufacturing was driven by food manufacturing.
This was likely due to increasing importation cost and
double-digit increases in the prices of food, which grew an
average of 17% during the period according to inflation
figures.2
Just as well, the 4.6% GDP growth fell short of the
7-8% annual GDP growth rate needed until 2010 to
generate 1.4 – 1.6 million jobs per year, as stated in the
Medium-Term Philippine Development Plan (MTPDP) for
2004-2010.3
Construction and trade, meanwhile, are driven by
OFW remittances, as seen in the mushrooming of
condominiums and increased consumption spending by
OFWs' families. Growth on the demand side was driven by
household spending. But the global financial crisis may
result in decreased OFW employment and deployment in
2009, resulting in a decline in remittances.4
Poverty, Persistence of Unemployment and
Underemployment, Low Wage Levels: Mass migration
takes place in the Philippines primarily because of the
failure of government to provide decent jobs and decent
wages to its people. According to the Social Weather
1
2
3
4
The Philippine National Statistical Coordination Board
(NSCB) http://www.nscb.gov.ph/
“Slow 3Q reveals economy’s real crisis,” IBON Media
Release, November 27, 2008
“The Forum Round table on the employment situation in the
country,” The UP Forum, Volume 9, Number 5, SeptemberOctober 2008
Ibid
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ON LABOR MIGRATION?
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Station, as of December 1, 2008, 27.9% of Filipino adult
population or 11 million people are unemployed5. As
observed by the UN Committee on Economic, Social, and
Cultural Rights during its examination of the Philippines'
compliance with the ESCR Convention, “the lack of
employment opportunities has led much of the population of
working age to emigrate.6The matter of low levels of
minimum wage was another factor that pushes people to
migrate overseas.7 Another migration push factor is mass
poverty despite the positive high macro economic
indicators. In 2007, 36% of the population was below the
poverty level8.
Worsening unemployment. April 2008 Labor
Force Survey (LFS) data showed that the country’s
employment rate was estimated at 92%. Almost half of
these (49.6%) were in the service sector, 33.5% in the
agriculture sector, and 14.9% in the industry sector.9
The unemployment rate stands at 8% or 2.9 million
Filipinos. Since adopting a new definition of unemployment
in April 2005,10 the government has been reporting singledigit unemployment rates. Despite the definitional
acrobatics, the 8% unemployment is still twice the rate
5
6
7
8
9
10
Migration up despite economic crisis. Agence France-Presse. First
Posted 16:26:00 02/24/2009
Item 19, Concluding Observations on the Philippines by the UN
Committee on Economic, Social and Cultural Rights, 41 st Session,
November 2008, Geneva.
Item 22. Ibid.
Item 28. Ibid.
Jerbert M. Briola, “Labor Standards in the era of globalization
– Race to the Bottom,” iNFOCUS, January-June 2008
It re-defined the unemployed as someone of 1) working age, 2)
without work, 3) seeking work, and 4) available for work if
such is available.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
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recorded in most of our East Asian neighbors.11 The Fourth
Quarter 2008 Social Weather Survey reported 27.9% of the
adult labor force, about 11 million, unemployed. What little
GDP growth there is does not translate into jobs.12
Moreover, 6.6 million workers (or 19.8% of the total
employed) are officially classified as underemployed, that
is, those already with jobs but are still seeking additional
hours of work. Data showed an increase from 6.4 million in
the same period last year. The increase came from those
already working 40 hours or more every week.13
Even more disturbing are the figures within the
employed sector. More than a third (34.7%) of the total 33.5
million makes up the informal sector. These include ownaccount workers; the self-employed, which represented
almost a third (30.1%) of the total employed; and unpaid
family workers, which made up 12.5% of the total
employed. The gravity of the underemployment problem
can be seen in the huge number of unpaid family workers:
more than three million in all.14 In 2006, more than half or
55.8 percent of all unpaid family workers were women.15
11
12
13
14
15
“The Forum Round table on the employment situation in the
country,” The UP Forum, Volume 9, Number 5, SeptemberOctober 2008
Fourth Quarter 2008 Social Weather Survey February 23, 2009
http://www.sws.org.ph/
Jerbert M. Briola, “Labor Standards in the era of globalization
– Race to the Bottom,” iNFOCUS, January-June 2008
Ibid
National Coordinating Statistical Board. 2008. Labor Force
Participation and Unemployment Rates.
http.//www/nscb.gov.ph/pressreleases/2008?PR-200803-SS202.gov.ph, accessed December 21, 2008.Ibid.
THE PHILIPPINES: A GLOBAL MODEL
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No trickle down effect. The purported 4.6% GDP
growth rate, as with the positive growth rates declared by
the government in the past,, has not trickled down to those
in the lower economic strata, failing to help improve their
lives. Nor has it translated into an improvement in the
availability of the needed social services that could have
eased the burden for those living in poverty.
More than 30 million urban poor or 34% of the
population now live in vast slum areas that cluster along
drainage canals, reclaimed oceanfront land and empty lots
in the major urban centers. The landless urban poor in
Metro Manila reached a number close to 5 million (800,000
families), making up more than a third of the population of
the entire metropolis. They live in densely packed informal
settlements with poor sanitation, lack of potable water,
desperate and often dangerous living conditions, on an
average of 370.11 families per hectare. Close to 44% of all
occupied dwellings in the region had less than thirty square
meters of living area.16
In 2005, almost 10.8% of the country's population
survived on just $1 a day. Another 41.2% made do with
less than $2 daily.17 Poverty continues to ravage 47% or
about 8.7 million of Filipino families despite the succeeding
positive growth rates that have been registered in the past
years18.
A Social Weather Stations survey in December
2008 found that involuntary hunger was experienced at
least once in the past three months by a third (31.4%) of
16
17
18
Philippine Poverty and Inequality Situation (as of March
2008), endpovertynow.org.ph
Ibid
First Quarter 2009 Social Weather Survey: Self-Rated Poverty
falls to 47%. April 21, 2009 http://www.sws.org.ph/
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
25
the families among the unemployed19. This number was
almost double the statistics from the previous year: in
January 2007, 16.2% of Filipino families or 2.9 million
families (14.5 million Filipinos) experienced involuntary
hunger.20
Almost 16.1 million Filipino workers or more than
50% of the labor force earn wages around P5,000-P8,000,
rates that hover around the poverty threshold. This
translates to a meager PhP33-53 per person per day.21
Public service is dismal. Health and education
have never been given serious attention and resources
by the government.
Inadequate public health spending by the
Arroyo administration highlights the gaps in the
delivery of health care service in the country. In 2007,
the government allocated a meager P11.5 billion
budget for health. In comparison, the Department of
National Defense (DND) got a share of P54.3 billion.
Such a meager budget has translated into an acute lack
of medical personnel and facilities, particularly in
provincial hospitals, clinics and health centers.22
Health delivery, especially for women and
children, has remained beyond the reach of the poor.
The Philippines has the third highest prevalence of
19
20
21
22
Fourth Quarter 2008 Social Weather Survey 23 February 2009
http://www.sws.org.ph/
First Quarter 2009 Social Weather Survey: Self-Rated Poverty
falls to 47%. April 21, 2009 http://www.sws.org.ph/
Ibid
Candy Diez, “The Philippine Health Situation at a Glance,”
iNFOCUS, January-June 2008
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
26
malnutrition in Asia with figures that account for almost 12
million of the 17 million children aged 2 to 10 were
diagnosed as being malnourished. The country ranks
second in infant mortality rate in all of Asia: 82,000 Filipino
children die before their 5th birthday.23
More than 40,000 Filipino women die yearly from
maternal-related complications. Ten Filipino women die
daily from childbirth-related complications because they do
not have access to emergency obstetric care. The
Philippine holds the record for having one of the highest
maternal mortality rates (estimated at 162 per 100,000 live
births) in Asia and the world.24
Recent World Health Organization (WHO) data
show that the Philippines ranked number 8 among 22
countries with high incidence of tuberculosis (TB). In
Western Mindanao alone, 4,000 people die every year
because of TB.25
Increasing migration of health professionals has
largely depleted the pool of health practitioners,
especially those desperately needed in the rural areas.
Doctors and nurses are leaving the country at an even
faster rate. The Philippine Medical Association (PMA)
reported that of the 35,000 doctors in its roster, 6,000
are now working abroad.26
23
24
25
26
Philippine Poverty and Inequality Situation (as of March 2008),
endpovertynow.org.ph
Ibid
Candy Diez, “The Philippine Health Situation at a Glance,”
iNFOCUS, January-June 2008
Ibid
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
27
Due to the continuous demand for nurses
overseas, former Department of Health Secretary
Doctor Jaime Galvez-Tan said that the number of
doctors who have downgraded themselves into nurses
has reached 9,000. Almost 6,000 of them had left for the
United States. More disturbing is that 80% of these
doctors-turned-nurses were government doctors.27
In terms of giving attention to education, there is
a decreasing and sustained indifference towards one of
the most important social services functions of the
government. From 3.8% in proportion to the GNP in
1998 under President Estrada, the budget for education
has dipped to 2.26% of the GNP in 2007.28
Such lowered budget for education falls way
below the internationally agreed- upon benchmark for
education of 6% of GNP. This standard has been
accepted by more than a hundred countries.29
Education remains a dream for many young
Filipinos. Of the 27 million youth aged 5-25, almost 12%
or 4.4 million are out of school.30
The measly budget allotted for education has
translated into severe lack of school facilities, learning
materials, primarily textbooks, and grossly underpaid
public school teachers.
27
28
29
30
Ibid
Freedom from Debt Coalition (FDC) and the Youth Against
Debt (YAD), “The Neglected Generation – Debt and the
Filipino Schoolchildren.” iNFOCUS, January-June 2008
Ibid
Philippine Poverty and Inequality Situation (as of March 2008),
endpovertynow.org.ph
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
28
In turn, many teachers have opted to try their
luck abroad, agreeing to work as domestic workers and
caretakers. These jobs are way below the academic
training these teachers have, but nevertheless pay
much better than being teachers in the Philippines.
Effects of the global crisis. The latest forecast by
the International Monetary Fund on the Philippines is a zero
growth rate for 200931.
The global crisis is battering the country’s exportoriented industries like electronics and garments, resulting
in the lay off of workers or cutting down the workweek to a
few days.32
Labor and Employment Undersecretary Rosalinda
Baldoz reported that for the period October 2008 to March
2009, some 109,529 workers were affected by the global
crisis. Nearly 11% of this number or 11,574 workers were
permanently displaced (10.6%) while 38,806 were
temporarily laid- off (35.4%). A greater number or 59,149
were reported to be in flexible work arrangements.33
Worst hit is the electronics industry, which since the
early 1960s earned over 50% of the country’s export
revenues and employed many women. The industry cut by
almost one half its workforce. Automotive, garments,
mining, property, services, and wood-working each
31
32
33
Akbayan Representative Walden Bello's Maiden Speech in
Congress. April 28, 2009.
“GMA Prods Obama to Act on Recession,” Philippine Daily
Inquirer, February 2, 2009
“Overseas Filipino Workers Bear Debts as Crisis hits Laborimporting economies”, Jeremaiah Opiniano and Isagani dela
Paz, OFW Journalism Consortium, Volume 8 #1, April 24,
2009.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
29
retrenched 10% of their employees.34The slowdown is also
being felt in the mining, banana and coconut industries.35
Another 19,000 workers had their work week cut to four
days or less.36 At the start of 2009, the Department of Labor
and Employment (DOLE) predicted that as many as
300,000 workers would lose their jobs in the first six months
of the year.37
Overseas, the Philippine government anticipates the
continuous retrenchment of OFWs as companies and
industries worldwide deal with the economic crisis. As of
March 2009, some 6,406 OFWs have been retrenched as a
result of the global economic slowdown. Most of the
workers came from Taiwan and the United Arab Emirates.
The global economic slowdown is starting to snatch away
not only jobs from Filipino workers abroad, but also the
remittances for their families back home. OFWs are starting
to feel the pinch of the global financial crisis.38
The construction industry in the United States,
where many Filipinos work, is badly hit. Because of the rise
in the prices of commodities in the US, some OFWs are
planning to send only half of their salaries to their families.39
34
35
36
37
38
39
Privilege Speech in Congress, Akbayan Representative Walden
Bello. April 28, 2009
“Cement Giant Closes 4 Plants; 1,500 Affected,” Philippine
Daily Inquirer, January 28, 2009
“RP Economy Grew by 4.6% in 2008,” Philippine Daily
Inquirer, January 30, 2009
“GMA Prods Obama to Act on Recession,” Philippine Daily
Inquirer, February 2, 2009
“First of Filipinos to lose Taiwan jobs home today,” Philippine
Daily Inquirer, December 2, 2008
“Sad Christmas seen for many kin of OFWs,” Philippine Daily
Inquirer, October 14, 2008
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
30
Some have already gone back to the Philippines
after losing their jobs. But many expect an even worse
situation in the Philippines and opt to stay in the US as
undocumented migrants instead of going home.40 As the
number of available jobs sink, the number of
undocumented Filipinos could rise.
Filipino nurses in America are affected, too. Those
in the health sector are very vulnerable now, with some
hospitals closing. If they lose their present jobs, competition
for the remaining jobs becomes tighter and Americans will
be given priorities.41
Migrants tend to be among the workers most hit by
economic downturns in their host countries for several
reasons. Migrant labor is often used as a cyclical buffer,
like other macroeconomic policies aimed at maximizing
growth and minimizing unemployment. For migrants, this
means they are often the last to be hired and the first to be
fired and their employment relationship are frequently substandard, and located in poorly regulated sectors or
activities. In times of economic insecurity, migrants easily
become scapegoats, leading further to attitudes that breed
xenophobic sentiments and discriminatory practices against
them.42
Political reality. Very recently the House of
Representatives hurriedly passed House Resolution 1109
(HR 1109), which authorizes Congress to convene as a
40
41
42
Ibid
Ibid
“The Impact of the Financial Crisis on Migrant Workers”,
Patrick Taran, Senior Migration Specialist, ILO. Presentation
to the 17th OSCE Economic and Environmental Forum, 2 nd
Preparatory Conference, March 16-17, 2009, Tirana.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
31
Constituent Assembly (or ConAss). It specifically states that
the House, without the Senate, may propose amendments
to the constitution. It says that if the House can secure
three fourths of the combined numbers of the members of
the House and the Senate --225 votes in all-- it will fulfill the
requirements under Article XVII of the Constitution. To
critics of the Arroyo government, this development is highly
suspect and perceived as yet another scheme in a longrunning political maneuvering by administration allies in the
House to circumvent the Constitution’s provision on the
term limits for the Presidency. Unlike Congress, the Senate
has proved to be a stumbling block in most of the
Administration’s designs to remain in power beyond 2010.
The Akbayan Party reads a more sinister plan in inferring
that the immediate purpose of the hurried passage of
HR1109 is only to create a semblance of a justiciable issue
that can be raised before the Supreme Court. Dominated
by Arroyo appointees, the Supreme Court is expected to
decide in favor of the Administration, and if it declares that
a ConAss without the Senate does not violate the
Constitution, this will clear all legal impediments to an
extended term of the Arroyo government.
Since March 2005, the GMA administration has
been suffering from its worst political crisis after evidence of
electoral fraud, massive corruption of public funds, and
widespread human rights violations surfaced and hit the
administration. Political survival has been the focus of the
Arroyo government. While facing constant opposition and
threats of public outcry and a military coup, the Arroyo
government has asserted its control by infringing on civil
liberties, defiling the people’s right to freedom of assembly
and redress, grossly curtailing their right to information, and
committing human rights abuses against the people.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
32
Human rights abuses are continuing. More than
930 cases of summary executions have been recorded
since President Arroyo came to power in 2001. These
politically motivated killings have targeted human rights
advocates, lawyers, church workers and members of
cause-oriented groups critical of the government.
The Commission on Human Rights (CHR) has
identified the Philippine National Police (PNP) as the worst
abuser of human rights. In 2007, the United Nation’s (UN's)
Special Rapporteur on Extra-judicial Killings Philip Alston
submitted a report of his investigation that said the
executions had “eliminated civil society leaders, including
human rights defenders, trade unionists and land reform
advocates, intimidated a vast number of civil society actors,
and narrowed the country’s political discourse.”43 A culture
of impunity, Alston also said, had made the executions of
journalists and leftist activists possible.44
Interestingly, under the present Administration,
various laws for overseas Filipinos were enacted, namely
the Overseas Absentee Voting Act of 2003 (RA 9189)
which enabled Filipinos overseas to participate in national
elections in the Philippines without being physically present
in the Philippines. The law however did not include their
participation in plebiscites and referendums. Hence unless
the current initiatives to amend RA9189 push through,
Filipinos overseas cannot participate in future referendum
to change the Constitution. Apart from the limited scope
and coverage of RA9189, the requirement for personal
appearance to register and vote is also a big obstacle to the
full exercise of the law since migrant workers, particularly
women migrants who are mostly employed as household
43
44
Ibid
Ibid
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
33
service workers, have limited mobility outside of their work
areas.
Congress also enacted RA 9208 or the Antitrafficking on Women and Children Act of 2003. Again, the
intent of the law was obvious – to curb trafficking in human
beings particularly trafficking in women and children.
Interestingly, in the latest 2009 “Trafficking in Persons
Report”45 by the US State Department, the Philippines slid
back to the category of Tier 2 Watchlist46. One reason cited
by the report was the government's failure to prosecute
cases of trafficking in persons due to an “inefficient judicial
system and endemic corruption”.47
RA 8042 or the Magna Carta for Migrant Workers
and Overseas Filipinos was enacted by Congress, albeit in
haste, in 1995 to provide comprehensive protection to
Filipino migrants at every stage of the migration cycle. Two
of its provisions, Sections 29 and 30 that deregulated the
labor migration industry in 2000, were repealed in 2007 by
RA 9422 and strengthened the regulatory functions of the
POEA. Ironically however, only within a year’s time
President Arroyo in December 2008 overturned RA 9422 by
issuing Executive Order 24748 which directed the POEA to
45
46
47
48
http://www.philstar.com/Article.aspx?articleId=478469&publi
cationSubCategoryId=200
US expands human trafficking watchlist, Updated June 17,
2009 11:16 AM
Tier 2 Watch list of the US means the country is not compliant
with the minimum standards of protection as provided for in
the Trafficking Victims Protection Act of 2000.
http://wwwtribune.net.ph/headlines/20090618hed1.html
RP gov’t ineffective because of ‘inefficient justice system,
endemic corruption’
See copy of EO 247 at www.pia.gov.ph under the office of the
President.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
34
set aside regulation and make a shift into a full blast
marketing effort that will serve to expand job placement
overseas.
This gloomy situation, against the backdrop of the
pervasive, the-worst-to date global economic and financial
crisis, spells more mass migration for survival. It can also
mean minimum regard for protection, human rights and
labor rights of migrant workers.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
35
B. THE GLOBAL CONTEXT
Globalization does not only mean liberalization of
trade, services, investment, and capital. It also means
transnational movements of people in search of better lives
and employment opportunities in other countries and
regions.
More and more people are crossing national
borders. Increased mobility of peoples is now a global
reality. Today there are more national borders than five
decades ago because the number of independent states
has tripled. In some regions some countries were cut up
into two or more independent states. The ILO estimates
that some 10 million workers cross borders each year in
search of work.49
Developed countries are increasingly looking
outside their borders for low-skilled workers in agriculture,
food-processing, construction, manufacturing, and lowwage services such as domestic work, and home health
care.50 Migrant workers and irregular migrants from poorer
countries have stepped in to fill the demand.
The world’s population of migrants51 has been rising
at a rate slightly faster than the growth of the total world
population. By the last count, migrants worldwide totaled
49
50
51
Abella, Manolo. 2004. Globalization and a Multilateral
Framework for Migration. ILO-Manila
Cholewinski, Ryszard. 2005. Protecting Migrant Workers in a
Globalized World. University of Leicester
Those counted by census as being of foreign nationality or
born abroad and living in the country for over a year.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
36
200 million, enough to make up the world’s fifth largest
country. Migrants constitute 3% of the world's population.
South to South movements or migration-foremployment among the less developed countries
likewise take place. Of the estimated 95 to 100 million
migrant workers the world over, more than 28 million are in
the developing regions. In Asia some 2 million52 workers
leave their countries every year to work in other countries
within and outside the region under short-term employment
contracts.
Declining and ageing populations in developed
countries have important implications on employment,
economic growth, the demand for health care services,
pensions or the social transfer systems and other social
support services.
Most rich countries are faced with a changing
population profile that will have future implications on their
social and political landscapes. Two reasons are seen
behind the shift: a.) Slow population growth because they
are not producing enough children and b.) An ageing
population53 because of longer lives.
In developed countries with ageing populations, an
ever-increasing burden will fall on a decreasing share of the
population who will need to work and produce the goods
52
53
2005 ILO estimate
In Europe, an ever increasing share of the population will be
inactive due to old age. The proportion of those older than 65
years of age will rise from the present 16.4 percent to 30.3
percent by 2050.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
37
and services needed by all.54 Those working will have more
and more dependent people to take care of.
The population of the European Union rose by a
mere 0.36 % to 378.5 million from 2001 to 2002, or an
addition of 1,340,000 people. However, more than three
quarters of that increase came from the entry of new
immigrants. In 2003 the overall population of the European
Union fell by 0.18% to 74.5 million due to falling birth rates
and emigration.55
Immigration will be an important part of any
developed country’s strategy in coping with the negative
effects of an ageing population and in maintaining their
productivity levels.
Closer to home, there is significant mobility across
borders within and outside the ASEAN region. Migrants in
ASEAN constitute about 10% of its population (5.6M). The
10 member countries of ASEAN which include the
Philippines are labor-sending and receiving countries
combined. Labor migration in ASEAN is pre-dominantly
single entry and temporary. In 2007, the Philipppines
deployed 38% of its workers to ASEAN countries with
Singapore, Brunei and Malaysia topping the list56.
Majority of the OFWs in ASEAN work in various
fields –as nurses, domestic workers, teachers, entertainers,
and IT workers. There is also a significant number of
54
55
56
The UN has been studying the long-term decline in fertility and
the looming demographic deficit in the rich countries and
concluded that much more immigration than at the present
levels are needed if serious labor shortages are to be avoided.
Abella, Manolo. 2004. Globalization and a Multilateral
Framework for Migration. ILO-Manila
POEA 2007 Deployment Statistics. www.poea.gov.ph
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
38
undocument Filipinos or those in irregular status.
Specifically in Malaysia, more than half of the estimated
245,000 Filipinos are undocumented57, most of whom are
living and working in Sabah. On a periodic basis, the
Malaysian government conducts crackdown operations
against undocumented migrants. Once caught, these
migrants are deported back to their countries of origin
without much consideration of their human and labor rights.
In January 2007, during its 12th Summit held in
Cebu City, the ASEAN adopted the ASEAN Mutual
Recognition Arrangement and the Declaration on the
Protection and Promotion of the Rights of Migrant Workers.
This was followed shortly in July 2007 by the adoption of a
resolution for the creation of a Committee on Migrant
Workers that will oversee to the States' compliance with the
Declaration. The Committee on ASEAN Migrant Workers
(ACMW) convened its first meeting a year later in
September 2008 in Singapore. Since then, workshops have
been conducted to thresh out the details of the Declaration,
which will pave the way for the adoption of an ASEAN
Agreement on the protection and promotion of the rights of
migrant workers. The Philippines together with other labor
sending countries in ASEAN take the lead in these
initiatives. The results of these efforts remain to be seen in
the months and years to come.
Other important developments likely to contribute to
growing mobility across borders are the following:58
57
58
Stock
Estimates
of
Overseas
Filipinos,
2007.
www.poea.gov.ph. The figure is conservative estimate; other
estimates place the number of Filipinos in irregular situation in
Sabah between 300,000 to 500,000
Ibid
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
39
A. The rapid pace of technological developments that
lead to early obsolescence of many skills and the
demand for new ones. This has been seen in the
case of computers and the communications
revolution. The United States, a few years ago,
opened up to highly skilled immigrants to maintain
its competitive position in the computer industry.
B. The growth of global production systems. As capital
moves around the world searching for sites for
global production, migration tends to follow to
supplement native work forces
C. The growing informalization of work. More and more
employment today involves being engaged in
irregular, often part-time work. In the rich countries,
industrial or manufacturing employment has been
on the decline, while the service sector has grown.
The service sector involves highly qualified work,
but also many types of work that native workers
have vacated and are leaving to migrant workers to
perform. The growing feminization of migrant labor,
characterized by an increased demand for female
domestic workers in developed countries, is one of
the manifestations of this phenomenon.
Migrant workers are often the first to lose their jobs
during economic downturns such as in the current global
financial crisis. Compiled data and statistics of the ILO
confirm the following premises about the impact of the
current crisis on migrant workers:59
59
“The Impact of the Financial Crisis on Migrant Workers”,
Patrick Taran, Senior Migration Specialist, ILO. Ibid.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
40
10. Migrants and persons of foreign origin are hard hit,
they are disproportionately among those already laid
off or rendered unemployed.
10. Those migrants remaining employed are often affected
by reductions in pay, working time, and worsening
working conditions.
10. Migrant workers have less access to social safety net
support. This is especially true for migrants in irregular
situations.
10. However, many migrant workers are not returning
home, unless forcibly expelled. This is the case even
when they are being offered financial incentives to
voluntarily depart. Simply put, conditions at home are
even worse. While there may be opportunities for
some kind of work in host countries, there are simply
none at home.
10. Migrant workers are thus compelled to take whatever
work they can find. They may accept even more
substandard pay and abusive conditions than before.
10. Scapegoating of migrants and xenophobic violence
against foreigners is already on the rise throughout the
world.
10. Many countries have reduced quotas or intake of
foreign workers; some countries have embarked on
deliberate policies of exclusion and expulsion of
migrant workers.
10. Migrant remittances sent home are declining.
10. The further deteriorated situations in home countries
make whatever remittances migrants can send an
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
41
even more crucial lifeline for their families and local
communities.
10. What employment opportunities existed earlier for
those remaining at home are also evaporating,
meaning even fewer options for persons coming back
from abroad. This also makes the return of migrant
workers potentially a greater threat to labor market
stability and ultimately, social stability at home. It is
expected that global economic activity will slowdown.
Projections of World Economic Outlook, in % 60
World Output
United States
Euro Area
Germany
France
Japan
United Kingdom
Canada
China
Philippines
GCC Countries
ASEAN
60
2008
2009
3.4
1.1
1.0
1.3
0.8
-0.3
0.7
0.6
9.0
4.6
5.6
4.3.
-0.6
-2.6
-3.2
-2.5
-1.9
-5.0
-3.8
-2.0
6.7
2.5 to 0
3.6
0.7
Stimulus Packages to Counter Global Economic Crisis: A
Review. Sameer Khatiwada. International Institute for Labour
Studies Discussion Paper.2009
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
42
C. TRENDS IN PHILIPPINE OVERSEAS
MIGRATION 2007-2008
…(T)he State shall…promote full
employment… and … the State does
not promote overseas employment as a
means to sustain economic growth and
achieve national development…The
State, therefore, shall continuously
create local employment opportunities…
Republic Act 8042
Section 2. Declaration of Policies
The Philippines is the world's third biggest source of
migrant workers in the world, next to China and India.61 For
the last five years, deployment figures have increased by
an annual average of 3.6%62. (see graph on OFW annual
deployment) In January 2009, despite the global economic
crisis, the total number of deployed migrants was 165,000
or 25% more than the previous year's.63
61
62
63
“RP among top migrant sending countries, says IOM study”,
Inq7.net. June 22, 2005.
“Filipino Labor Migration: Issues, Responses and Challenges”,
Presentation of POEA Administrator Rosalinda Baldoz in the
Forum, “Labor Migration: What Role for Congress?”, March
12, 2008. Organized by the Center for Migrant Advocacy and
Friedrich Ebert Stiftung.
Migration up despite economic crisis. Agence France-Presse.
First Posted 16:26:00 02/24/2009
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
43
Overseas Filipinos constitute 10% of the total
Filipino population. Their number by the end of December
2007 was placed at 8.7 million. They are found in more
than 193 countries and destinations64.
The biggest
proportion of migrants is deployed within Asia – notably in
the Middle East (45.3%) and in East and South East Asia
(20.8%). Deployment to Europe followed at 14. 1%. Saudi
Arabia is the single biggest country of destination of Filipino
migrant workers.
Labor Export: A “temporary solution” turned
permanent? ”Our policy is not to export labor...”65This
statement by President Arroyo was the same statement of
President Marcos almost four decades earlier. The two
Presidents and those in between them all said the same –
that labor migration will only be a temporary solution to the
country's unemployment problems and balance of
payments deficits. To date, there is still no indication that a
tipping point is forthcoming. The number of Filipino
migrants continues to increase every year.
The government's labor export policy is further
affirmed by POEA's program thrusts for 2008 which
included the “facilitation of deployment of OFWs” through
participation in high-level technical marketing missions;
64
65
“Filipino Labor Migration: Issues, Responses and Challenges”,
Presentation of POEA Administrator Rosalinda Baldoz in the
Forum, “Labor Migration: What Role for Congress?”, March
12, 2008. Organized by the Center for Migrant Advocacy and
Friedrich Ebert Stiftung
President Gloria Macapagal-Arroyo, Media Launch of the 2nd
Global Forum on Migration and Development. October 7,
2008.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
44
intensified market intelligence work abroad in order to
locate high value employment opportunities and identify
new/emerging markets, participation in forging bilateral
agreements with host governments that can offer new and
decent jobs to OFWS; encouraging visits of foreign
governments and private employer delegation to the
Philippines; strengthening linkages with education, training
and medical fitness sectors to generate the right quality and
quantity of contracts needed by the overseas markets; and,
enhancing work with host government to plug irregular
migration route and prevent circumvention of deployment
requirements.66
On December 4, 2008, President Arroyo issued
Administrative Order 24767 in response to the global crisis.
It instructed the POEA to “execute a paradigm shift by
refocusing its functions from regulation to full-blast markets
development efforts, the exploration of frontier, fertile job
markets for expatriate Filipino workers.” The AO further
directed the POEA “to increase the countries currently
hosting Filipinos and break through the 200-country
barrier.”
President Arroyo’s instructions to POEA are
contrary to the intent and spirit of RA 9422 which
strengthened the regulatory functions of the POEA in
repealing Sections 29 and 30 of RA 8042 on deregulation.
The President is setting aside RA 9422 in favor of
aggressive marketing of our workers overseas.68
The Philippine overseas migration programme –
a global model? Despite the enactment of RA 8042 and
66
67
68
POEA 2007 Annual Report. www.poea.gov.ph
ww.pia.gov.ph
Ibid
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
45
other relevant laws and policies and the corresponding
implementing agencies to go with the policies, as well as
bilateral labor agreements and Memo of Understanding
with 56 countries, NGOs like CMA continue to challenge
the oft-mentioned global model that is the Philippine
overseas migration.For one, there cannot be a model
specifically on protection and promotion of the human and
labor rights of OFWs and their families if the overall thrust
of the government is to deploy a million OFWs annually.
Asone officer of the International Labor Affairs Services
(ILAS)69 in the Department of Labor and Employment
(DOLE) admitted, the problem succinctly during CMA’s
September 19, 2008 quarterly public forum entitled “The
Philippines: A Global Model on Migration?” that the sheer
number of OFWs makes it impossible for government
agencies to address their needs and problems.70 The ILAS
exercises administrative jurisdiction over Philippine
Overseas Labor Offices (POLOS).
Issues and Trends on Philippine Labor Migration
Feminisation of Filipino Labor Migration. Both
men and women leave the Philippines as migrant workers.
However in the past decade until 2006, the deployment of
women always overshadowed that of male migrants. It went
as high as 74% in 2004.
In 2006, 60% out of the total 308,142 first-time
migrant workers deployed by the POEA were women and
128,186 of them were bound for jobs classified under the
69
70
ILAS exercises administrative jurisdiction over POLOs
CMA. Alfredo J. Ganapin Jr. Advocacy Forum Series 2008,
UP Balay Kalinaw, Diliman, Quezon City
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
46
service sector. 71 Two major factors contribute to the
phenomenal rise of the number of female Filipino migrant
workers. First is the sustained demand from countries all
over the world for their skills, particularly those related to
domestic, work, club entertainment and care giving, and
second is the inability of the local economy to generate
enough jobs and adequate income for women. Barely half
(48.8%) of the female labor force in the Philippines had
access to any income-generating work in 2006.72
The United Nations Fund for the Development of
Women (UNIFEM) says that phenomenon of the
feminization of migration is both a cause and effect of
globalization:
“…globalization has ushered in increasing migration
for labor at the same time it has resulted in
decreasing regulation of the labor market, growth in
the informal sector, and the emergence of new
forms of exploitation.”73 (p4)
While working overseas may result in the
improvement of the economic status of many women, it
reinforces gender inequality at the international level. The
71
72
73
OFW Global Presence. (2006), A Compendium of Overseas
Employment Statistics 2006 by the Philippine Overseas
Employment Administration (POEA), also accessed on
http://www.poea.gov.ph/stats/2006Stats.pdf
National Coordinating Statistical Board. 2008. Labor Force
Participation and Unemployment Rates.
http??www/nscb.gov.ph/pressreleases/2008?PR-200803-SS202.gov.ph, accessed December 21, 2008.
“Human Rights Protections Applicable to Women Migrant
Workers” A UNIFEM Briefing Paper. UNIFEM Regional
Programme on Empowering Women Migrant Workers in Asia.
Roundtable on the Human Rights of Women Migrant Workers
Under CEDAW. Juy 11, 2003.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
47
roles that migrant women take on are yet still a part of the
sexual division of labor at the global scale. Verily, the
increased demand for women workers abroad is a result of
“a number of global forces in which gender roles and sex
discrimination are intertwined with globalization” (p.3).74
Majority of Filipino women migrant workers are
employed at the lowest rung of the occupational hierarchy
as domestic workers and entertainers in the 3-D jobs (dirty,
demeaning and dangerous) and make them are easy
targets of acts of discrimination, violence and exploitation.
Women migrants are often excluded from the protection of
labor and social legislation, rendering their contract of
employment meaningless in the absence of grievance
mechanisms, support services, and a friendly policy
environment.75 Women migrants in domestic work and
entertainment are particularly vulnerable to maltreatment
and exploitation because these jobs are not recognized as
formal work and are not covered by labor and social laws of
many countries.76 Many endure exploitative terms of work,
such as sub-standard wages and long work hours;
dangerous and degrading working conditions, restricted
freedom of movement, gender violence in the workplace,
and gendered forms of xenophobia and racism.
Filipino women-migrants are also more vulnerable
than their male counterparts because of their age. The
Survey of Overseas Filipinos (SOF) in 2006 found that
female OFWs were generally younger than male OFWs.
Almost half (43.5%) of female OFWs were concentrated in
74
75
76
Ibid
The UN Special Rapporteur on Migrant Workers. 2003 report.
For example, the labor laws of Saudi Arabia and the UAE
categorically excludes migrant domestic workers in the
coverage of their labor laws. In Japan, entertainers are covered
by immigration laws as guests and not as workers.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
48
the age group 15-29, whereas the male OFWs were evenly
distributed among all the age groups.77
Gender-based violence against migrant women is
basically linked to migrant women’s legal and social status
in the host communities. The low valuation accorded to
women and women’s work in these sectors assign women
migrant workers to “lower class status” and they become
vulnerable to abuse in both the sending and receiving
countries.
The violence and abuse suffered by women migrant
workers can take place at all stages of the migration
process: starting at home where their families force them to
work abroad against their will, and sexual harassment by
recruiters during the recruitment stage. In transit and at the
workplace in the country of destination they experience
violence in many forms: physical, verbal and mental abuse
including sexual violence; slave-like working conditions;
lack of social contacts through deprivation of liberty and
freedom of movement; and threats, intimidation and
coercion. Because of their close proximity to, and complete
dependence on their male employers, women domestic
workers are particularly vulnerable to gender-based
violence, including sexual abuse. Many abuses that are
committed against women migrant workers take place in
the so-called “private” domain and are perpetrated by
private individuals who wield power over the worker.
With the intent of protecting female migrant workers
from abuses at the worksite and improving the country’s
record on anti- human trafficking measures, the POEA
introduced the Household Service Workers Policy Reform
in 2007. The HSW policy reform package included rules on
77
National Statistics Office, Survey of Overseas Filipinos, 2006.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
49
the non-collection of placement fees in recruiting domestic
workers; a minimum entry-level salary of US$400 monthly;
minimum age of 25 years old; a mandatory assessment
and certification of skills that would require enrolment at a
TESDA training center; and the imposition of stricter
verification process of employers by the POLOs.
The HSW Policy Reform was imposed without any
prior consultation with primary stakeholders (OFWs) and
migrant NGOs. As a result, it was maligned and resisted by
many migrant groups because it made entry into domestic
work overseas highly selective and more costly for the
applicant. For repeat-hires who were caught in between
contracts and processing papers to go back to their former
employers, the HSW policy was an obstacle that threatened
to terminate their prospect for continued employment. The
policy was also adopted without consulting host
governments, whose support and cooperation were critical
to its implementation. Countries like Singapore and the Gulf
states issued statements that they could not comply with
the minimum wage policy because they do not have a
minimum wage law, as they let the market forces decide on
their salaries. Furthermore, no less than POEA said that
since 2007, they have noted attempts by recruiters to
circumvent
the
HSW
policy
through
untruthful
reclassification of female domestic workers into other job
categories not commonly identified with women, i.e., “sand
blasters”. Attempts such as this, may be arrested by
conducting strict verification system of the employers at the
POLOs onsite.
Restrictive policies affecting women migrant
workers also came from the host countries. Much earlier-in 2005, there was a drastic reduction in the large number
of overseas performing artists (mostly women) deployed to
Japan. This was attributed to the Japanese government’s
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
50
implementation of a plan of action to combat human
trafficking.
Stricter requirements for the entry of
entertainers to Japan have since then dramatically reduced
the number of Filipino entertainers bound for Japan.
At the core of these developments are conflicting
issues related to the freedom of movement and the right to
travel, versus the obligation of the state to protect its
citizens.
Policies that are meant to protect women
sometimes result in the curtailment of some other rights,
such as the right to work and the right to travel. They may
even imperil women all the more, as many, in desperation,
opt to go through the backdoor or agree to be a party to
illegal or irregular means of migration. When this happens,
they become more vulnerable to many other forms and to
higher degrees of exploitation and abuse. There seems to
be no easy solution, but even so, observance of the basic
human rights principles, such as participation, should
govern the processes of policy development in the
management of migration.
In the Concluding Comments of their review of the
Philippine’s performance as a state party to the UN
Convention on the Elimination of All Forms of
Discrimination (CEDAW, 2006) and the Rights of All
Migrant Workers and Members of Their Families (CMW,
2009), the treaty committees urged the Philippine
government to respect, protect, and fulfill the rights of
women, and to safeguard women from being victimized by
cross-border human trafficking activities.
Undocumented Filipinos Overseas: In 2007, the
estimated number of undocumented Filipinos overseas, or
those with irregular immigration status, was 900,023,
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
51
slightly higher than the previous year's 870,00078. The
United States was the top destination for irregular OFWs,
followed by Malaysia. As a destination country of
undocumented OFWs, Singapore79 registered the highest
increase in 2007, outpacing France, and the United Arab
Republic (UAE). Undocumented migrants are the most
vulnerable among migrants as they are practically denied of
their basic human rights because of their irregular
immigration status. They are vulnerable to abuses, are
paid lower salaries, and have no benefits. They also lack
job security and risk not getting their salaries and benefits
when arrested, detained and deported.
Due to the increased trend in migration for work,
host economies institute more stringent immigration rules to
protect their own economies from the deluge of immigrant
labor. As a consequence, irregular migrants especially
women, face even greater perils:
“In the midst of these trends, many
governments are tightening immigration controls,
This interplay of competing incentives sets the
scene for exploitation of those most desperate:
irregular cross-border crossers, those in the informal
sector, and the poor, For women, these trends spell
increased vulnerability to exploitation and abuse
and continuing inequality with men.” (p4)80
78
79
80
Table 30, POEA Annual Report 2007. www.poea.gov.ph
75% of Filipina domestic workers who left for Singapore were
undocumented, as reported by the Philippine Embassy to
Congress.
“Human Rights Protections Applicable to Women Migrant
Workers” A UNIFEM Briefing Paper. UNIFEM Regional
Programme on Empowering Women Migrant Workers in Asia.
Roundtable on the Human Rights of Women Migrant Workers
Under CEDAW. Juy 11, 2003.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
52
The lack of available jobs in the Philippines, the
crippling poverty and apparent government inaction to
improve the economy continue to push many Filipinos over
and above official government figures to risk working
abroad without the necessary work permits and visas.
Many start out with proper work visas but when these
expire, they end up as undocumented workers, risking daily
arrest, imprisonment or deportation rather than come home
to the Philippines.
Respect for and promotion of the rights of irregular
and undocumented migrants also requires the cooperation
of governments in destination countries. One way is the
serious pursuit of bilateral negotiations with the receiving
government on how to address the issue of irregular
migration. In most of the Gulf countries, it could mean
advocacy to review and reform the “kefala” or sponsorship
system. It can also include mandatory orientation of
employers—individuals and company managers -- to
become responsible employers. In cases where receiving
governments
undertake
programs
to
regularize
undocumented migrants, the Philippine government should
be able to extend full support to the undocumented workers
in terms of expedite issuance of passports81.
Migration Costs and Recruitment Agencies.
Migrants pay enormous amounts of money just to be able
to work overseas. As a general rule, applying for a job
overseas in the Philippines is done mainly through the
licensed private recruitment agencies. Exceptions are those
81
During the regularization program for undocumented migrants
in Greece, it was reported by Kasapi-Hellas, an organization of
Filipino migrants in Greece, that the Philippine embassy was
not as cooperative and supportive of Filipinos who come for
them for passports.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
53
processed
under
the
government-to-government
arrangements82 and name hires83 as approved by the Labor
Secretary. Article 18 of the Labor Code prohibits direct
hiring of a worker for placement overseas. This rule is
intended to protect applicants from unscrupulous crooks by
regulating recruitment through duly licensed and registered
agents. Recruitment agencies are allowed to collect from
the worker a placement fee84 not exceeding the equivalent
of the applicant’s one-month salary. They can collect also a
service fee from the foreign employer85. Apart from the
placement fees, migrant workers pay for the following
costs: Passport, NBI/Police/ Barangay Clearance,
Authentication, Birth Certificate, Philippine Medical Health
Insurance (Philhealth), Trade test, if necessary, Inoculation,
when required by host country and Medical Examination
Fees.
On the other hand, the following items should be
charged only from the foreign employers: Visa Fee, Airfare,
POEA Processing Fee and OWWA Contribution.
However, it has been the experience of many
migrants that most of the fees and costs contingent to their
deployment are borne by them. Worse, recruiters charge
the workers with exorbitant placement fees.
Foreign brokers and manpower agencies in
receiving countries also extract placements and service
fees from the migrants as in the case of Hong Kong, Israel
82
83
84
85
The Employment Permit System (EPS) is one such GO-GO
arrangement between the Philippines and Korea
Jobs are secured directly from foreign employers but processed
through POEA.
Domestic workers are now exempted from paying placement
fees under the Household Service Workers Policy Reform
Ibid..Rule V, Section 1.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
54
and Taiwan to cite a few. This results to debt bondage for a
lot of them.
Labor migration has become a lucrative and
profitable business for the government as well as for the
private sector. They both generate enormous earnings and
profits from each worker that is processed and deployed
overseas. The Philippine Congress and POEA have
enacted policies and regulations to curb illegal recruitment,
trafficking and prevent collection of exorbitant fees from the
OFWs. Unfortunately, these regulations prove insufficient to
curb the problems decisively. Migrants continue to be
victimized by illegal recruitment and trafficking. They incur
enormous debts because of the fees they have to pay in
exchange for a job overseas.
The Anatomy of Migrant Indebtedness: The case of a
Filipino factory worker in Taiwan working for a 3 year
contract86 It takes 12 to 18 months for migrants to Taiwan to
pay off the debts they incurred in the process of going there
and when in case their contract is terminated before this time,
they return home still saddled with debts. Such a situation
becomes even more problematic for caregivers and domestic
workers who earn below the minimum wage of NT$15,840.
Monthly Automatic
Deductions / Particulars
AMOUNT (NT$)
REMARKS
Gross Minimum Wage = NT$17,280
Average Income of a worker in Taiwan is
NT$46,600 (2007 figures)
Food and Board
4,000
Broker’s Service Fee
1,800
(automatic deduction from monthly
salaries)
TAX
86
Health Insurance
1st yr = NT$21,600
2nd yr = NT$20,400
3rd yr = NT$18,000
Total Deductions = NT$60,000 (US$1,700)
2,376
Hope Workers Center, Taiwan
225
A GLOBAL MODEL
Labor InsuranceTHE PHILIPPINES:
215
ON LABOR MIGRATION?
Total Deductions/month
NT$8,616
55
Net monthly income = NT$8,664 (US$255)
Net Annual Income = NT$103,968
(US$3,060)
On-site Offices and Services.
Due to fund
limitations, coupled sometimes with restrictions from host
governments or as a matter of diplomatic reciprocity, the
Philippine government is unable to put up additional
missions where they are needed. A good number of
Philippine missions cover more than one jurisdiction and/or
country. The Philippine embassy in Riyadh, Saudi Arabia
for instance, takes care of some 750,000 Filipinos in Riyadh
and Al Khobar, as well as OFWs in Yemen. The embassy
in Athens also oversees OFWs in neighboring Cyprus. In
the case of the estimated 6,000 to 8,000 Filipinos in Iraq,
the Philippine embassy to Baghdad was moved to Amman,
Jordan following the pull out of Philippine troops from Iraq
in 2004.
Currently, the Philippines has 8887 embassies,
consulates and other Philippine missions, 3 Offices of
Manila Economic and Cultural Office in Taiwan, 37
Philippine Overseas Labor Offices (POLOs)88 and 20
Filipino Workers Resource Centers (FWRCs)89 are the
primary institutional mechanisms overseas to carry out
these policies. In terms of personnel complement overseas,
OWWA (Overseas Workers Welfare Administration) has 39,
DOLE-POLO (Department of Labor and EmploymentPhilippine Overseas Labor Office) has 230 and DFA
OUMWA has 8590. For DFA, as of February 2009, the total
87
88
89
90
Referenced from DFA Report to Congress January-June 2008. DFA
recently opened 6 additional posts in Macau, Oslo, Barcelona, Chong
Qing, Damascus and Frankfurt. (see newspaper report on OAV
registration updates)
11 in Asia (37%); 14 in Middle East (49%), 12 in Europe (10%) and
Americas (4%) combined
Mandated by RA 8042 in places where there are more than 20,000
Filipino migrants.
Sectoral Performance Audit Report on The Overseas Workers Welfare
Program of the Government. CY 2005-2006. Management Services
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
56
number of DFA personnel deployed in foreign service posts
was 1,169 including those from the OUMWA91.
Efficient, prompt, adequate and quality on-site
services to OFWs, particularly to those in distress, are
severely hampered by the acute lack of embassy
personnel. In 2006, the there was only one POLO/OWWA
staff for every 5,712 OFWs in one location. It was worse in
some destination countries where the ratio of
POLO/OWWA staff to OFWs ranged between one staff to
every 5,712 OFWs, to a maximum of one staff to every
100,000 OFWs. Conversely, the ratio of POLO/OWWA
personnel to welfare cases is 1 personnel to every 84
cases, up to a maximum of 1 personnel for every 6,524
cases92
Where are the resources to match government’s
praise and responsibility? It is ironic that while the
government laments on the lack of resources –human,
material and financial – to adequately respond to the needs
of the migrant workers and their families throughout the
migration cycle, there exists an agency –the Overseas
Workers’ Welfare Administration (OWWA) – that has some
P11.7 billion in welfare funds? This fund is a welfare fund
for migrant workers. However, in 2003 the OWWA Board
of Directors promulgated the OWWA Omnibus Policies and
in effect limited the beneficiaries of the welfare fund only to
those who pay the mandatory US$25 contribution. This is
91
92
Report No. 2007-01. Sectoral Performance Audit. Commission on
Audit. Page 27.
Based on CMA interview with a DFA administrative personnel.
March 12, 2009.
Sectoral Performance Audit Report on The Overseas Workers Welfare
Program of the Government. CY 2005-2006. Management
Services Report No. 2007-01. Sectoral Performance Audit.
Commission on Audit. Page 83.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
57
contrary to the law that created the welfare fund. Moreover,
OWWA is the only agency of government that does not
receive a budget allocation from the General Appropriations
Act of Congress.
Political
rights
and
representation
in
governance structure. The overseas absentee voting
(OAV) election turn-out in 2007 was a major
disappointment. From a total registered OAV voters of
almost half a million overseas absentee voters, the turn-out
dropped from the previous 65% to a measly 16% - leading
pundits to question the wisdom of pouring resources into
the OAV exercise. But CMA, OFWs and other NGOs
quickly pointed out that registration lacked sufficient
information and education to the new voters, resulting in
many registration errors. While postal voting was expanded
from 3 to 59 posts, OFWs did not know they have to inform
the election registrar of their transfer of address, they being
typically mobile. In 2004, among the good practice of some
posts was reaching out to the Filipino community,
particularly their organizations and NGOs. But most posts
did not actively enjoin them in the 2007 political exercise.
The lack of sufficient information and education campaign
on overseas absentee voting effectively marginalized and
discriminated against overseas Filipinos.
Slow action by legislators on the amendments
proposed for addressing the law’s weaknesses, which
surfaced during its implementation in the past two elections;
continue to disenfranchise some 3.6 million Filipino
immigrants and permanent residents abroad. The House
version passed to the Senate still requires an affidavit of
return to be able to register, albeit it reduces the deadline of
return from 3 years to seven years. On the other hand, the
Senate version proposes to repeal this discriminatory
provision towards Filipino immigrants and permanent
THE PHILIPPINES: A GLOBAL MODEL
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58
residents. Legislative action is urgent, considering that
voter registration for purposes of the 2010 elections has
already started in February 2009 and will end in August
2009.
Other outstanding issues that the government
needs to address in the implementation of the OAV law are
the mobile nature of seafarers, the low participation of
undocumented workers and OFWs who are not within easy
access to an embassy or consulate that serve as
registration and voting centers.
In addition is an
amendment to expand the participation of OFW in voting
exercises for national plebiscites and referenda.93
Finally, the Government does not fully fulfill the right
of OFWs to adequate and democratic representation in
agencies concerning them in the POEA Governing Board,
the OWWA Board of Directors, and the Philhealth Board.
OFWs are not docile subjects and recipients of government
policies and programs. The selection process for
representation to these bodies are not known to the
migrants at all. Part of their empowerment, of being able to
stand up for their rights and be protected, is to be visible,
counted, consulted and be part of the governance
structures.
No consultation, No Voice in Decision-Making.
The case of POEA’s Memorandum Circular 4, Series of
2007 entitled “Guidelines on the Direct Hiring of Filipino
Workers” issued in December 18, 2007 was a classic
example of formulation and implementation of a
government policy totally bereft of adequate consultation
with the OFWs themselves. This runs counter to the
93
Rojas, Henry. Overseas Absentee Voting: The Philippine
Experience. Center for Migrant Advocacy, 2005.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
59
Migrant Workers Act of 1995 (RA 8042) which pledges
government
cooperation
with
non-government
organizations in protecting them and promoting their
welfare. While the MC 04 purported to enforce the ban on
direct-hiring under Article 18 of the Labor Code, it actually
expands the exceptions to the ban, opening the gates for
direct hiring. It also requires the employer to post unrealistic
surety bond premium ostensibly to provide for assistance to
OFWs in case of distress. This will likely be passed on to
the Filipino workers abroad themselves just like the OWWA
membership fee.94
Due to much protest against it, then POEA
Administrator Baldoz was forced to suspend MC 04 on
February 14, 2008. Similar to the MC 04, the Household
Service Workers’ policy reform which was issued in
December 2006, and implemented without sufficient
consultation in March 2007, led to many complaints from
domestic workers themselves.95
Social Costs of Migration. UNICEF deputy country
representative Colin Davis said around 56% of migrants are
married based on 2000 data. If there are 1 million each of
female and male OFWs abroad who are married, and
assuming an average of three children per household, there
are six million children left behind who are at risk from the
social costs of migration.96
94
95
96
Atty. Henry Rojas, CMA legal counsel, pinoy-abroad-forum
exchange, Feb. 11, 2008
Saudi recruiters endorse RP's 'supermaid' policy. GMA news
TV 03/05/2008
United Nations Children's Fund (UNICEF)-Philippine Institute
for Development Studies (PIDS) Seminar Series on Public
Policies and the Rights of Children.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
60
Restrictive policies both in the Philippines and
countries of destination contribute to the social costs of
migration by widening the distance between migrants and
their families. The HSW reform policy as well as the ban
against working in Lebanon has prevented many women
OFWs to visit their families. Many of them do not want to go
home and risk losing their jobs despite their lower salary.
Furthermore, many countries, e.g. Israel, discourage, if not
disallow family reunification – contributing to the break up of
many families that impact negatively on migrant workers’
children.
Children are also casualties of the negative aspects
of migration. The right to nationality of children of
undocumented OFWs in Sabah is violated due to the
inaccessibility of civil registration at the Philippine consulate
in faraway Kuala Lumpur. Their lack of documentation
exposes them to risks of continuing raids, arrests, and
detention in subhuman conditions and deportation.97
A recent research found that migration of parents
risks their adolescent children to become "worse off" in life,
as presented at the United Nations Children's Fund
(UNICEF)-Philippine Institute for Development Studies
(PIDS) Seminar Series on Public Policies and the Rights of
Children. Because OFWs are absentee-parents, their
children, aged 13 to 16, are more “susceptible to being
engaged in unwarranted acts, such as premarital sex that
results in teenage pregnancies and subjects them to abuse,
whether sexual or physical; or they go into drugs.”98
97
98
CMA and Mujeres. A report on irregular migration and human
trafficking. 2007
Rosemarie Edillon. “The Effects of Parent’s Migration on the
Rights of Children Left Behind”
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
61
Scalabrini Migration Center’s Dr. Maruja Asis said
children of OFWs require more attention and monitoring
because most already share in household responsibilities,
especially the eldest who usually assumes part of the
absent parent/s’ duties, sharing these responsibilities with
an older relative such as a grandparents. Aurora Javate-de
Dios of Miriam College's Women and Gender Institute
(WAGI) said this is especially prevalent among female
firstborns who assume the care giving responsibilities of
OFW mothers, given that the latter "take away 80% of caregiving factors when they leave”99
The labor migration paradox says “We love you so
we have to leave you!” referring to the parting words of
migrant parents to their children when the former leave for
work overseas and leave their children behind. The impact
of these simple words on the children of migrants is deep
and can be long lasting. Initial studies reveal both positive
and negative impact on the children. What is established
however is that the mass migration at present results to
family redefinition, adjustments and shifting of roles and
responsibilities especially in regard the caring work among
family members. These changes in the Filipino family
challenge the concept of the Filipino family that both the
church and state uphold.
At the same time, the same migrant family
challenges the policies in destination governments and the
international community as well. This is especially
compelling in the light of the UN Convention on the
Protection of All Migrant Workers and Members of Their
Families which affirms the fact that migrants are not simply
99
Cai U. Ordinario. OFW kids ‘worse off’ in life.
http://www.abs-cbnnews.com/storypage.aspx?StoryId=109963
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
62
workers but are human beings with families whose rights
must be protected and promoted as well.
Reintegration. Of the one million OFWs leaving
each year, 60% are rehires. This trend of cyclical migration
indicates not only the lack of viable jobs in the country but
also the lack of a comprehensive reintegration program for
returning workers.100
During their employment abroad, many overseas
Filipinos are able to provide for their families’ basic needs,
improve their living conditions, send their children to better
schools, set up small businesses, and gain other material
benefits. The Survey on Filipinos Overseas (2006) and
studies by Orozco and Fedewa101 and the UP Center for
Women’s Studies102 confirm that a big proportion of OFW
remittances are spent for the daily expenses of the
household. These findings show that a big majority of OFW
families are dependent on remittances for their sustenance,
and despite the social costs involved, the prospect of
reintegration or returning for good is an event that most
OFWs and their families wish would happen later than
sooner.
Savings and investments from income in overseas
work are minimal, particularly among OFWs who are in the
100
101
102
The National Reintegration Center that the DOLE launched in
March 2007 continues without a specific budget – a measure of
the lack of seriousness of government
Orozco Manuel, with Rachel Fedewa. 2005. “Regional
Integration? Trends and Patterns of Remittance flow within
Southeast East Asia,” TA 6212-REG Southeast Asia Workers
Remittance Study.
University of the Philippines Center for Women’s Studies
Foundation, Inc.
Gender, Remittances and Local
Development, 2009 (Draft Report)
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low-skilled and low-income categories. A large number of
OFWs return home without savings, or whatever meager
savings they have begin to dry up during the period of
unemployment in the Philippines. Workers who are past
their prime productive years find it difficult to compete with
local workers in finding jobs. Those who land on local jobs
find their salaries inadequate. Some are asked to begin at a
lower position than what their working experience abroad
commands. On the other hand, returned OFWs who try to
set up business ventures are discouraged by the risks and
the prohibitive bureaucratic requirements.
These realities are rooted in the government’s
failure to capitalize on the OFWs’ remittances. It has been
remiss in working out a more responsive, productive,
sustainable and effective OFW reintegration program.103
This neglect persisted even after 1995 when Republic Act
8042 mandated the Philippine government, specifically the
Overseas Workers Welfare Administration (OWWA) to
carry out a reintegration program for overseas Filipino
workers.
Any reintegration program would require the
concerted and coordinated efforts of migrant organizations,
GOs, NGOs, Local Government Units (LGUs), enterprise
development centers, schools, churches, and other groups
and organizations.104 However, the resolve and capacity of
the individual migrants themselves as well as those of their
families are key to its success.
An approach to
reintegration needs to begin before the return phase. It is a
103
104
Corros, Edwin. Reintegration Programs in the Philippines.
Episcopal Commission on Migrants and Itinerant People. 2004
Ibid
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process that should start from pre-departure and continue
through the employment and post employment phases.105
Government has the biggest role in all this. Any
reintegration program must form part of a country’s national
development program. Economic reintegration needs to
include capacity building on financial management and
enterprise development, the establishment of enabling
mechanisms, and the creation of incentives for savings and
investments for OFWs and their families.
Until government draws and implements a coherent,
comprehensive reintegration106 program for returnees,
Filipino workers will continue to re-migrate in droves, if not
settle abroad for good. Many will continue risking going
abroad as irregular or undocumented migrants just to earn
money to provide for their families’ needs.
The Philippines is not a global model on the
promotion and protection of the rights and well being
of OFWs and their families. On April 23-24, 2009, the UN
Committee on the Rights of All Migrant Workers and
Members of Their Families (UN MWC) examined the
Philippine government's compliance with the provisions of
the UN Migrant Workers Convention107. It concluded that
while the Philippines has various initiatives and
programmes in response to the challenges of labor
105
106
107
Ibid
Reintegration is the term that has come to be accepted in
referring to programs that are mainly designed to facilitate the
re-entry of OFW s into the economic mainstream on the
premise that such re-entry is a difficult task.
The Philippine government's examination was due in 2004 but
it was not ready to report until 2008.
http://www2.ohchr.org/english/bodies/cmw/cmws10.htm
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migration, it is concerned at the same time that
“implementation, follow-up and evaluation of these
programmes are insufficient.” The Committee therefore
recommended that it should have proper follow-up
procedures as well as clear measurable and time-bound
targets in order to facilitate tracking of implementation of
these various programs and services. Furthermore, the
Committee recommended that the government “review its
labour migration policy in order to give primary importance
to human rights of migrant workers...”108
The Committee's Concluding observations which
included the above recommendations, clearly puts in
question the claim of the Philippine government that it is a
global model on labor migration.109
The Philippine government’s strongest points are its
establishment of major laws and policies that aim to protect
the rights of migrant workers and their families. However,
there is a big gap between what are written in paper and
reality. To many OFWs, the Philippine government falls
short as a global model of migration because of its
inefficient and ineffective structures that fail to realize the
true intent of its policies and laws.
The
deployment
108
109
systematic management
through a myriad of
of
overseas
pre-departure
Concluding observations on the Philippines by the UN
Committee on Migrant Workers.
http://www2.ohchr.org/english/bodies/cmw/cmws10.htm
The Philippine government, in its statement before the UN
Committee on Migrant Workers stated that the Philippines is
“..a model in migration management among labor sending
countries in Asia..” Opening Statement of Ambassador Erlinda
Basilio, Head of Philippine Delegation to the UN MWC 10 th
Session. April 23, 2009.
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requirements entails the extraction of fees, to which the
government has earned so much revenue but given back
so little to OFWs. On the one hand, government has been
inutile in putting an end to illegal recruitment practices and
exorbitant placement fees imposed by private recruitment
agencies and sometimes perpetuated by a layer of corrupt
government officials. On the other, the Philippine
government’s focus on expanding the labor market
overseas vis a vis the regulation of migration processes is
worrisome because its priority and measures of success
rest on increasing of the sale of human labor as
commodities, rather than decreasing the opportunities for
human rights violations to occur.
On-site, government again fails to provide much
needed services to OFWs, especially to OFWS in crisis
situations. There are reports about the indifferent and
haughty behavior of embassy staff that are expected to
assist OFWs, lamentably they have not been oriented on
the pro-poor and rights-based philosophy to which
government is committed through various national and
international instrumentalities. The gender insensitivity of
some embassy staff cause repeated trauma on helpseeking victims of gender-based violence. Furthermore, the
disproportionate number of Philippines embassies or
consulates vis a vis the sheer mass of OFWs in a region or
country illustrate the lack of seriousness in investing on the
protection and welfare of OFWs who have gained the
status “mga bagong bayani” or new heroes because they
are the force that keep the Philippine economy afloat.
Upon reintegration, OFWs come home to the same
conditions that they left because government, for many
reasons and excuses, has failed to capitalize on their gains.
It is a classic case of failing to do the housework while the
breadwinner is out working for wages. Despite its repeated
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claims that the promotion of overseas migration is but a
temporary economic measure, the Philippine government is
unable to tell when it will end because the country up to
now remains poor, with high unemployment, and no
developed industries to speak of. Thus, migration for labor
becomes a forced option in a permanent cycle of coming
and going of OFWs who pay the high price of separation
from their families in exchange for a new assignment that
will save them from joblessness in their home country.
Is the Philippines a global model on migration? In
some aspects it has done a lot to manage the deployment
process so that it can run smoothly. But on many
occasions, it has failed to respect, protect, and promote the
rights of its citizen-migrants. Most disappointing is its lack
of foresight and long-term vision on how the positive
outcomes of migration can be harnesses and used to make
labor migration a truly free choice for each person. Taking
into account these imperfections, the Philippines does not
deserve to be known as a global model on migration.
PART II.
Revisiting the Dr. Alfredo J. Ganapin
Advocacy Forum Series, 2004-2008
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Background. The Center for Migrant Advocacy
(CMA) and the Friedrich Ebert Stiftung (FES) have
partnered in organizing the Dr. Alfredo J. Ganapin110
Advocacy Forum Series (AJGAFS), a quarterly public forum
that brings together government and migrants rights
advocates in a productive dialogue on issues affecting
OFWs and their families. Started in 2004 and formally
launched in 2005, the AJGAFS has covered a variety of
areas ranging from the present lot of specific migrant
groups such as nurses, domestic workers, seafarers and
OFW families to local and international instruments
concerned with labor out-migration such as the Magna
Carta for Seafarers, the ASEAN Declaration on the
Protection and Promotion of the Rights of Migrant Workers,
and Republic Act 8042 (the Magna Carta for Migrant
Workers and Overseas Filipinos). Problems such as illegal
recruitment, trafficking, and irregular migration as well as
trade issues such as implications of the World Trade
Organization’s General Agreements on Trade in Services
(WTO GATS) were also addressed.
Regular participants to the 18 forums included not
only a number of officers and members of NGOs active in
migrant issues, but a mixture of heads and representatives
of government agencies and Congressional committees
concerned with the migrant sector, as well as OFWs and
family members. All the forums produced a number of
resolutions, proposals and promises, either agreed upon at
the forums, prepared beforehand by participants, or simply
drawn out from the discussions. Noteworthy is not just the
large number of challenges posed by NGO participants, but
110
Dr. Alfredo J. Ganapin, Jr. was an OFW in Riyadh, Saudi
Arabia –a tireless, dedicated migrants' rights advocate; The forum was
named after him following his untimely death from cancer in
December 2004 in Saudi Arabia
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also the frequency of promises and resolutions forwarded
by government representatives.
The variety of issues and topics discussed in
previous AJGAFS include the following: the situation of
specific migrant groups such as nurses, women migrant
workers, seafarers and OFW families; national and
international instruments concerned with labor outmigration such as the Magna Carta for Seafarers, ASEAN
Declaration on the Protection and Promotion of the Rights
of Migrant Workers, and Republic Act 8042 (Magna Carta
for Migrant Workers and Overseas Filipinos) including the
Overseas Absentee Voting Law; and problems such as
illegal recruitment, trafficking and irregular migration, onsite protection, localized migrant situation and trade issues
such as WTO GATS.
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The AJGAFS Forums 2004-2008
2004 -CMA-FES Public Forums
Round table Discussion on Overseas
Absentee Voting
Overseas Filipinos Agenda Building
July 19, 2004
Conference
Aug 31, 2004 On-site Protection for Migrant Filipinos
July 6, 2004
2005 - start of CMA-FES Public Forum as AJG AFS
Mar 18, 2005 WTO GATS Mode 4: A Prescription for
Migration?
Jun 24, 2005 Protection of the Rights of Migrant Workers
and the Role of Trade Unions in LaborSending and Receiving Countries
Sept 30,
Policy Issues on Skilled Migration: The
2005
Case of Filipino Nurses
Dec 1, 2005 “Pinay X-Abroad”: Stories of Tears and
Triumphs
2006
Ganito Tayo Ngayon, Paano Tayo Bukas?
Mar 31, 2006 Prospects of Filipino Labor Migration and
Philippine Development
OFWs, Irregular Migration, and Trafficking,
July 26, 2006
Zamboanga City
National Forum on the 2006 ILO Maritime
Sept 29,
Labor Convention: Implementing the Magna
2006
Carta for Filipino Seafarers, Cebu City
Round table Discussion on Practical and
Legal Remedies to Address the needs of
Dec 15, 2006
Families Abandoned by Overseas Filipino
Workers
2007
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The ASEAN Declaration for the Protection
Feb 22, 2007 and Promotion of Migrant Workers: What’s
Next?
June 29,
Promoting and Fulfilling the Human Rights
2007
of 8042, Revisiting RA 8042 and Beyond
A Call to Action: Know Your Rights, No to
Sept 14,
Illegal Recruitment and Trafficking, Baguio
2007
City
The Effectiveness of Migrant Workers’
Dec 7, 2007
Education and Information
2008
Filipino Labor Migration: What Role for
Congress
July 29, 2008 Democratization through Migration
Mar 12, 2008
September
19, 2008
The Philippines: A Global Model on Labor
Migration?
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2003 Significant Moments:
 The 12th Congress of the Philippines enacted
several laws for overseas Filipinos, namely:
a. Republic Act (RA) 9189 otherwise known as the
Overseas Absentee Voting Law of 2003
b. RA 9225 or the Citizenship Retention and Reacquisition Act of 2003
c. RA 9208 otherwise known as the Anti-trafficking
in Persons Act of 2003
 The OWWA Board of Directors promulgated the
OWWA Omnibus Policies which was resisted by
OFWs and advocates
 The UN Convention on the Protection of All Migrant
Workers and Members of their Families entered into
force on July 1, 2003 after the 20th ratification of a
State party.
2004 Significant Moments:

Overseas Filipinos participated for the first time in
Philippine national elections in the 2004 National
Elections

OFW Angelo de la Cruz was kidnapped in Iraq; he
was subsequently released following the Filipino
troops pull out from Iraq; a total travel and
deployment ban to Iraq took effect
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 President
Gloria
Macapagal-Arroyo
signed
Executive Order (EO) 392 to effect the transfer of
OFW Medicare Benefits from OWWA to Philhealth
 The 92nd International Labour Conference (ILC) of
the ILO, for the first time, had included in its formal
agenda a general discussion on migrant workers
A Round Table Discussion: Defend and Amend the
OAV Law
July 6, 2004
Context: Finally, after more than 16 years, the 1987
Constitutional mandate for Congress to enact an enabling
law for a system of overseas absentee voting to qualified
Filipinos overseas came into fruition with the passage of
Republic Act 9189 also known as the Overseas Absentee
Voting Law of 2003. The total number of registered voters
was 364,187 which represented 37% of the 975,000
projected maximum number of registrants based on
conditions of the law. The OAV voters turn out was a high
65% or 233,092.
In absolute terms, the number of registrants was still
very low. The main factor for this was the constraints in the
law, namely the requirement for personal appearance in
limited number of Philippine posts abroad. Another factor is
disqualification clause for Filipino immigrants and
permanent residents, many of whom, formed part of the 1.6
million Filipinos in the US. The conduct of voting for
seafarers, whose number is 200,000 to 300,000 on board
foreign vessels at any one time proved problematic too.
The manner of voting which was principally personal with
the exceptions of 3 posts, namely Japan, United Kingdom
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and Canada which were allowed postal voting was quite a
hurdle too.
Objectives and Outcomes: The round table
discussion served as the forum for Filipino migrant groups
and advocates from Asia, Middle East, Europe and the US,
all of whom were also active in the campaign for the
enactment of the OAV Law, to come together with both the
executive and legislative branch of government to share on
their experiences, analysis, and insights on the conduct of
the first-ever absentee voting for overseas Filipinos. It was
an occasion to share also the strong sense of collaboration
and partnership between the government offices on site
and the Filipino communities. The forum came up with
several recommendations on how to improve the conduct of
the OAV for its second time implementation in the 2007 mid
term elections.
Recommendations: Recommendations from the
forum were addressed mainly to both the COMELEC and
Congress. For the former, the recommendation included
information dissemination on the process of elections as
well as on the candidates, preparation and actual conduct
of registration, voting and counting of the votes, quality,
quantity and timely dispatch of election paraphernalia to the
posts. For Congress, the outstanding recommendations
included: repeal of section 5d on the “disqualification” of
Filipino immigrants and permanent residents; giving the
option to voter to choose between postal and personal.
Continued Relevance: The right to suffrage is a
basic human right of citizens in a democracy. The active
participation of overseas Filipinos in political and electoral
exercises in the country and in the host countries too, is
critical in the advocacy for good governance and
responsible citizenship. In the 2007 mid-term elections, the
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OAV turn out was a dismal 16%. It was easy to interpret the
results as a manifestation of the waning interest of
overseas Filipinos to participate in the political affairs of the
country. But we beg to differ as we took a close look at the
critical factors and developments that transpired between
2004 and 2007 that made the overseas electorate shy
away from the polls. Foremost in our list was the tainted
image of COMELEC itself because of the “Hello Garci”
scandal which cast doubts as to the real winner of the 2004
Presidential elections. The severe lack of information on the
process and deadlines for registration and voting, where
postal and personal voting will be conducted, the profiles of
candidates was a big problem too, not to mention the fact
that coordination and cooperation between the posts and
the community associations of Filipinos was at their
minimum, if not totally nil. As the 2010 Presidential
elections draws near, amidst talks and intrigues of Charter
change that can abort the holding of elections, there is a
need for Congress to enact the necessary amendments to
the OAV law in order to make it more effective and
enfranchising.
Overseas Filipinos Agenda Building Conference
July 19, 2004
Context: Following the first time implementation of
the OAV in the May 2004 elections, there was renewed
vigor from the migrant sector to pursue its agenda in
Congress and with government as a whole. CMA and FES,
in partnership with AMEND, Unlad Kabayan, Atikha and
Akbayan Citizens’ Action Party initiated the Overseas
Filipino (OF) Agenda Building Conference.
Aims: The conference aimed to further raise
awareness, deepen understanding of and level off on the
OF agenda that OFs, their families, their organizations and
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advocates want to put forward to the 13th Congress of the
Philippines and outside of it. It also aimed to provide a
forum for cooperation between and among migrants’ rights
advocates and Congress.
Recommendations: The following were the issues
identified for the migrants' agenda addressed to the
executive and legislative branches of government:
Amendment to RA 8042, particularly the repeal of sections
29 and 30 on deregulation; OWWA – to scrap the Omnibus
Policies and address question of transparency and fund
management; Seafarers – enact a Magna Carta for
Seafarers; Overseas Performing Artists (OPAs)
–to
implement the Anti-trafficking law; Reintegration –to enact
national and local legislation in support of reintegration
programs; create an enabling environment; HIV-AIDS –
implement RA 8504 or the Aids Prevention and Control Act
of 1988; incorporate health insurance in the OFW work
contracts; Overseas Absentee Voting Law (OAVL) –
improve implementation and amend provisions to make the
law more enfranchising to OFs; forge Bilateral agreements
to promote and protect rights of OFWs; ratify international
conventions.
Continued Relevance: The migrants agenda
crafted in the forum remain relevant to date, and many
remain un-acted upon like the OWWA issue, the Magna
Carta for Seafarers and the amendments to the OAVL. A
proud legacy though of the 13th Congress was the
enactment of Republic Act 9442 repealing the deregulation
provisions sections 29 and 30 of RA8042 and strengthening
the regulatory powers of the POEA.
“How Safe are Pinoys Overseas?” A Forum on On-site
Protection for Migrant Filipinos
August 31, 2004
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Context: In the summer of 2004, a Filipino migrant
working as a truck driver was kidnapped and taken hostage
in Iraq by militants demanding the pull out of Filipino troops
from the country. The OFW Angelo de la Cruz was
released and the Filipino troops were pulled out. In addition,
the government issued a total travel and deployment ban to
Iraq amidst questions of the government’s readiness and
capability to guarantee protections for its migrant workers
particularly those in countries with political instability. In
light of these events, the August 31, 2004 forum sought to
explore the existence and efficacy of on-site protection for
OFWs scattered in more than 190 countries and
destinations abroad. This forum was co-organized with the
UP Asian Center.
Aims: Among the questions raised were the
following: What are the protective mechanisms in place to
guarantee the safety and well being of Filipinos overseas?
Are such mechanisms effective? Where are the gaps in
these mechanisms? The aims of the forum included the
following: (1) to acquaint migrant and human rights
advocates of existing on-site protection for overseas
Filipinos; (2) to identify the gaps and protection deficits and
arrive at possible solutions and recommendations; (3) and
to share best practices as well as new arenas and
approaches for intervention especially for non-State
stakeholders and NGOs.
Recommendations: On-site protection of OFWs is
multi-dimensional. It entails looking at the following areas of
concern: personal safety, e.g. against abuses by recruiters
and employers; safety in terms of access to legal protection
in the host countries; occupational safety, especially for
factory workers handling machinery, seafarers; and, safety
in relation to the political situation of host countries,
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especially in conditions where there is armed conflict (such
as Iraq, Lebanon).
Continued Relevance: The on-site protection of
migrants continues to be an issue as the number of
Filipinos leaving the country for work continues to increase
every year and will be so in the many years to come
especially now that there is a global economic and financial
crisis. The topic also calls attention to mechanisms in place
--both personnel and policies and conduct of diplomatic and
foreign relations of the government –that OFWs can rely on
if crisis breaks out en masse or when they are in a
distressed situation. On-site protection also calls attention
government's view and conduct of its foreign relations,
specifically in its decades-long close relationship with the
US and how these impact on the safety and well being of
the OFWs. Conversely, it is quite important that migrants
rights advocates does not look at the OFW safety issue in
isolation but in relation to both domestic and international
policies, both in the short term and in the long term.
2005 Significant Moments:
 The Global Commission on International Migration
(GCIM) under the office of the UN Secretary
General released a report on migration which was a
culmination of 18 months of work setting off the UN
in undertaking efforts to address the issue of
migration.
 The ILO adopted a non-binding rights-based
framework to address labor migration. This
framework seeks to fill in the gaps posed by ILO
Conventions 143 and 97 in regard to equality of
treatment of migrant workers.
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 Migrants’ rights advocates joined the trade unions
and other basic sectors in protesting the neo-liberal
agenda of the World Trade Organization (WTO)
during its Ministerial Meeting in Hong Kong. It was a
historic moment for migrants’ rights activists as they
came to grips with GATS, mode 4 in particular.
 The CEDAW Working Group started to work on the
elements of a draft general recommendation that
will extend comprehensive protection to all women
migrants. The GR which became GR 26 was
adopted by the CEDAW Committee in 2008.
 Japan, alarmed by being listed in the US antitrafficking report, implemented a new policy that
resulted to restricted entry of overseas performing
artists to Japan.

Phil Health took over OFWs Medicare.
WTO GATS Mode 4: A Prescription for Migration?111
March 18, 2005
Context: GATS (General Agreement on Trade in
Services) seeks to open up services, the largest sector in
most economies today. The GATS authors identified four
modalities to liberalize trade in services, namely: Mode 1 –
Cross Border –service crosses national boundaries, e.g.
remittances; Mode 2 – Consumption abroad – consumer
crosses national boundaries, e.g. tourism; Mode 3 –
Commercial presence –sets up shop in another country;
and, Mode 4 – Movement of natural persons (e.g.
posting expatriate managers overseas)
111
http://www.pinoyabroad.net/lungga/index.shtml?apc=i--4431-
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Under GATS, trade negotiation is done through a
unique request-offer process. A member country can
“request” another to open up certain service industries,
while the latter can respond by making “offers” on how
much it is prepared to liberalize. Per calendar of the WTO
(World Trade Organization), member countries have until
May 2005 to finalize their “offers”. On the second week of
December 2005, the WTO Ministerial Conference will be
held in Hong Kong.
It is quite interesting that Mode 4 was lobbied for by
developing member states of the WTO perhaps, in the
hope of boosting their overseas employment program. To
date however, Mode 4 remains very restrictive. GATS
explicitly states that the Agreement does not cover
movement of people in search of jobs, meaning migrant
workers are still the subject of strict visa and immigration
rules of labor-receiving countries.
Migrants rights advocates are fear that in so
conceptualizing migrant work—away from the universally
accepted definition of the UN as per the UN Migrant
Workers Convention—it may lead to dehumanization,
commodification per the needs of labor-receiving countries,
and denial of rights as enshrined in the international legal
definition.
Aims: The advocacy forum aimed to have a basic
understanding of the issues and concerns regarding GATS
and Mode 4 in particular and how these impact on the
situation and rights of migrants, particularly on women
migrants who dominate the services sector. It will also
examine the Philippine government’s position on Mode IV
vis-à-vis its avowed commitment to protect and promote the
rights of OFWs. Apart from understanding the whole WTOTHE PHILIPPINES: A GLOBAL MODEL
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GATS process within the purview of globalization, the forum
addresses the urgency for the migrant sector to understand
better how Mode 4 operates and more importantly, how it
configures in the advocacy for migrants rights.
Continued Relevance: Questions raised in this
forum have become even more pronounced following the
deadlock in multilateral trade discussions and the onset of
trade bilateral agreements in the form of Economic
Partnership Agreements (EPA) and Free Trade
Agreements (FTA) that countries of the North try to forge
with countries and regional blocs from the South. The
Philippines has ratified the Japan-Philippines Economic
Partnership Agreement (JPEPA) last October 2008. Talks
between the Philippines and the European Community are
on-going in connection with the ASEAN-EC FTA. These
two developments will bear on deployment of Filipino
workers to Japan and other ASEAN countries.
Protection of the Rights of Migrant Workers and the
Role of Trade Unions in Labor-Sending and Receiving
Countries112
June 24, 2005
Context:
In the 92nd International Labor
Conference of the International Labor Organization, in June
2004, a general discussion on migrant workers was
included in the formal agenda. It was the first time that the
ILO took up in a formal meeting the issue of migrant
workers.
Trade unions play a significant role in the protection
of migrant workers in origin and destination countries -112
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welcoming them in the unions as members and/or assisting
them in organizing themselves into migrant worker unions
are crucial in safeguarding the rights of migrant workers.
According to an ILO project in 1994-1995, migrant
workers are slow in joining the trade union movement due
to the following: lack of interest in trade union activities;
unwillingness to pay union contributions; ignorance about
union activities; avoidance of interaction with the law
enforcement authorities of destination countries; suspicion
of being used by the trade unions for wrongful purposes;
and, some pressure from authorities in origin countries not
to get involved in any political or social activities in
destination countries.
Overseas Filipino workers are not wanting in selfhelp organizations. They are organized into regional,
ethnic, professional, religious, social, civic, cultural and
political groupings. Many OFW groupings and self-formed
associations are quite similar from country-to- country of
destinations of OFWs. These organizations provide OFWs
the necessary support system, affiliation and belongingness
that often times are lacking in many destination countries.
What is more, migrant NGOs abound to provide various
services to migrants. Given the gamut of groups that
provide OFWs the needed support system and avenues for
redress, where is the place for OFWs organizing into trade
unions? What is the value added for trade unions in both
sending and receiving countries and destinations to
organize the migrants into workers' organizations?
Specifically for women migrant domestic workers and the
undocumented migrants, do trade unions have a role to
play in terms of advancing the rights of migrants?
Aims: The forum focused on how trade unions, in
both origin and destination countries, play a role in terms of
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upholding and protecting the rights as migrants. The
experience of trade union organizing of Filipino domestic
workers in Hong Kong was cited as a case study.
Continued Relevance:
The freedom to form
unions and organizations to lobby for rights and protections
continues to be an important issue for migrants, many of
whom are not allowed to do so in their destination
countries. The right to form associations and trade unions
as well as the right to collective bargaining form part of the
ILO Core Conventions to protect and uphold workers rights.
These ILO Conventions apply to migrant workers as well as
affirmed by the ILO Constitution. The right of migrant
domestic workers to join trade unions remains a big
challenge not only to the unions in the host countries but to
local unions in the Philippines as well. In addition,
undocumented migrants have started to form their unions
as well, like in the case of the Migrant Trade Union in Korea
or the Sans Papier association in Geneva. These
assertions of migrants for their rights remain relevant to
date.
Policy Issues on Skilled Migration: The Case of Filipino
Nurses113
September 30, 2005
Context:
From 1992-1998, the number of
professional workers who went abroad exceeded the net
addition to the professionals in the country's workforce in
the 1990s by almost 46%. Overall, Filipino migrant workers
have a higher share of the most productive age group in the
Philippine Labor Force as well as a higher share in the
number of years of education especially those having
113
http://www.pinoyabroad.net/lungga/index.shtml?apc=i--5501-
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completed college or higher degree.114 In particular, from
1994-2003, the country deployed some 85,000 nurses
abroad. To date, 57% of them are in Saudi Arabia, 14% are
in the US and 12% are in the UK. There are also some
5,500 medical doctors who are currently enrolled in nursing
schools. Last March 2005, some 20,000 nursing graduates
graduated from 350 nursing schools.115
Aims: The forum aimed to look into the brain drain
phenomenon caused by the migration of skilled workers,
gaps in policies, and ways to address these issues. The
forum addressed many questions including the following.
What does skilled migration mean for the Philippines? What
are consequences of the unabated export of skilled
Filipinos particularly the nurses and other health
professionals in the country's health care system, in the
quality of education and training of the nursing profession?
What does brain drain mean for the country's development
agenda? What can be done about it so that it redounds to
holistic development that benefits not only the skilled
migrants themselves but the country as a whole? What are
the policies and mechanisms in place? What are the gaps
in policies and practices? What are the recommendations
and proposed course of action that government, civil
society and other stake holders can work together on? The
case of out-migration of Filipino nurses was presented as a
case study.
Continued Relevance: Given the current state of
affairs of the country—economically, politically, socially –
labor migration will always be the attractive option for many
114
Study in
2002
115
Skilled Labour Migration from Developing Countries:
the Philippines. Florian Alburo & Danilo Abella. ILO
www.pcij.org/stories/2005/nurses.html
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Filipinos. In the case of nurses and other health workers,
the high demand for them abroad will also continue given
the rapid demographic changes in many developed
countries that offer not only good compensation but other
attractive benefit packages for them and their families.
Solutions being pondered by law makers include restricting
the out-migration of health professionals subject to meeting
certain pre-conditions.
“Pinay X-Abroad”: Stories of Tears and Triumphs116
December 1, 2005
Context: Philippine labor migration has a woman's
face. According to the Philippine Overseas Employment
Administration (POEA), in 2003, more than 70% of the total
number of workers who migrated are women. Most of the
women are between 25-29 years old. Women migrants live
and work in more than 192 countries and destinations.
They work as professional and technical employees,
nurses, clerical and sales workers, entertainers, caregivers,
and domestic workers. Many are employed in jobs which
traditionally have been undertaken by women.
Aims: The objectives of the forum were the
following: (1) to highlight the gender dimension of Philippine
labor migration; (2) to identify the urgent concerns and
needs of women migrant workers prior to coming home and
upon their actual return; and, (3) to share and reflect on
existing reintegration programs and initiatives that aim to
respond to the concerns and needs of women migrant
workers.
Continued Relevance: Women migrants continue
to leave the country as independent migrant workers. They
116
http://www.pinoyabroad.net/lungga/index.shtml?apc=n--5191-
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still dominate the services sector, domestic work in
particular. In 2005, Japan implemented its policy to curb
trafficking in persons in Japan. The sector severely affected
by the policy was the OPAs. From a high of 73, 685 in 2003
to a low of 6,421 in 2007.117 Similarly n 2007, in an effort to
curb abuses against women domestic workers, a new set of
policy reforms was introduced under the Household Service
Workers Policy Reform Package. The immediate effect was
the decrease in the proportion of women migrants to 48%
with men comprising 52%. Is the decrease in the number of
women migrants a positive development or did the women
simply ventured overseas undocumented to circumvent the
restrictive albeit protective policies? Women migration
continues to remind government of the need to make its
policies gender-sensitive and gender-responsive.
2006 Significant Moments:
117

The United Nations organized an informal
interactive hearing on migration and development at
the UN for Civil Society Organizations (CSOs) doing
work on migration and development. This was
followed by the September UN High Level Dialogue
on the same topic which involved participation by
representatives of governments.

The CEDAW 36th Session in the UN in New York
received and heard compliance reports from the
Philippines and China (which included Macau and
Hong Kong). Migrants rights advocates used the
CEDAW platform to take governments to task –the
Philippine government and Hong Kong in the case
of migrant domestic workers in Hong Kong.
POEA 2007 statistics (www.poea.gov.ph)
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
The ILO adopted the ILO Maritime Convention.
 The Philippines celebrates the Centennial of the first
Filipino Migrants in Hawaii

The Philipines ratified ILO Convention 143 (Migrant
Workers Convention) and 97 (pending in ILO,
subject to completion of documents for repository
was finally ratified in April, 2009).

CMA launched the SOS SMS System for Distressed
OFWs.
Ganito Tayo Ngayon, Paano Tayo Bukas?
Prospects of Filipino Labor Migration and Philippine
Development118
March 31, 2006
Context: 2006 marks the centennial of the first
Filipino migration to Hawaii.
A tenth of the Filipino
population are overseas and every year, almost a million
more Filipinos leave the country for various destinations
abroad. Surveys confirm that more and more Filipinos see
migration as their way out of the seemingly perennial socioeconomic-political crises that besiege the Philippines, day
in and day out. But at what cost? And under what
circumstances and conditions abroad? What about the
Philippine government’s capacity and capability to extend
protection and welfare services? Current policies of many
immigration countries tend to be more strict and restrictive
than otherwise despite their obvious need for migrant
workers due to their own labor shortage. Racism,
discrimination and xenophobia seem to be on the rise again
118
http://www.pinoyabroad.net/lungga/index.shtml?apc=n--5351-
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post 9-11. Human trafficking and irregular migration that
prey on helpless and desperate people remain a serious
problem despite efforts to address these.
Aims: The forum aimed to serve as a reflective
discussion on the Philippines situation as one of the top
migrant sending countries. Specifically, the forum served
as a sharing ground for various stakeholders in Philippine
Labor migration to voice perspectives of a sustainable and
pro-people development platform and to examine the
government's capacity and ability to protect and uphold the
rights and welfare of the Filipino citizens abroad,
particularly with regards to the government's labor export
policy and the linkage to development strategies.
Continued Relevance: With the overall slowdown
of the global economy resulting to mass displacements and
untimely retrenchment of migrant workers in countries like
Singapore, Taiwan, Korea, the US, the United Kingdom, we
expect that labor migration will remain the “savior” of the
Philippine economy and mass migration of Filipinos, now
averaging 3,000 daily, will continue under the new mantra
of “migration for development”. Can migration, in its current
mode and configuration, mostly under temporary labor
migration scheme, really deliver genuine and sustainable
development to the poor peoples so that ultimately
migration becomes a choice and not a forced option?
OFWs, Irregular Migration, and Trafficking119
July 26, 2006
Context: In recognition of the fact that the OFW
question is not only an issue for the national government
119
http://www.pinoyabroad.net/lungga/index.shtml?apc=n--5561-
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but also for local governments and communities, CMA took
AJGFAS out of Manila and held the second 2006
installment of AJGAFS forum, “OFWs, Irregular Migration
and Trafficking” in Zamboanga City in Western Mindanao.
The forum was particularly relevant as it was held at a time
when Malaysian authorities were cracking down on
undocumented Filipinos in Sabah. Furthermore Mindanao
was and still is a top source of workers overseas despite
the risks e.g. armed conflict in the Middle East, abuses,
periodic crackdown against the undocumented, etc. Among
the 1.06 million overseas Filipinos surveyed from AprilSeptember 2004, ARMM (the Autonomous Region in
Muslim Mindanao, including Basilan but excluding Isabela
City) led ten regions in posting the biggest increase, more
than 100%, in the number of OFWs. (NSO Survey of
Overseas Filipinos, 2004)
In addition, masses of Mindanao women leave
home to work abroad. The island tops Luzon and Visayas
in sending more women than men to work overseas—six
out of ten OFWs from Mindanao compared to only four from
Luzon and the Visayas. Of the 135,000 OFWs from the
island, 66.2 percent were women while only 34.8 percent
were men (Mindanao Times, Nov. 16, 2005). Soccsksargen
or Region XII led Mindanao regions in sending women
OFWs for the past three years, accounting for about 28
percent of women OFWs from Mindanao. More than half of
these women migrants were 25-34 years old while 17.9
percent were aged 15-24. (NSCB Fact Sheet, RD XII, Mar
31, 2005).
Likewise, female OFWs consistently
outnumbered male OFWs in Davao. (Mindanao Times,
Nov. 16, 2005). At the same time, however, thousands of
irregular Filipinos were deported from Malaysia in 2002.
Thousands more were repatriated or deported in 2005. Of
the 1.29 M estimated irregular Filipinos abroad, an
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estimated 300,000 irregular Filipinos were in Malaysia at
the end of 2004.
Aims: Objectives of the forum: (1) to discuss the
situation of overseas migration from and through Mindanao
and how various agencies deal with the rights and welfare
of OFWs, particularly because it has the back door; (2)
specifically, to identify issues and concerns of current and
potential migrant Mindanao women, especially the
undocumented, in relation to their vulnerability to various
human, migrant and women's rights' abuses, including
illegal recruitment, irregular migration and trafficking; and,
(3) To identify advocacy approaches and strategies and
policy recommendations for Mindanao, regional and local
and national government agencies and NGOs to enhance
their existing programs to minimize existing gaps/problems
in the OFWs' full enjoyment of their migrant and women
rights and ensure that Mindanao OFWs are adequately
informed
Continued Relevance: Migration through and from
Mindanao remains significant. In particular, Mindanao is
used as back door entry of migrants going to Malaysia
because of its porous borders. There is a need to
strengthen the ties and coordination between and among
national agencies and local government units. It is also
imperative that particularly on the case of irregular migrants
in Sabah, that the ASEAN platform is utilized. One of the
major push factors for migration and irregular migration is
poverty and unemployment. ARMM remains to be one of
the poorest regions of the country.
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National Forum on the 2006 ILO Maritime Labor
Convention: Implementing the Magna Carta for Filipino
Seafarers120
September 29, 2006
Context: In historic move to regulate labour and
industrial relations in the maritime sector, the International
Labour Conference adopted the Maritime Labour
Convention on February 23, 2006, otherwise known as the
“Magna Carta for Seafarers”. This is the first international
agreement of its kind, not only consolidating and updating
all relevant ILO Conventions and Recommendations, but
also addressing the challenges and predicaments brought
about by the globalization of the shipping industry. The
Convention sets out minimum requirements and a wide
range of rights to decent work for seafarers and contains
provisions on conditions of employment, recruitment, hours
of work and rest, accommodation, recreational facilities,
food and catering, health protection, medical care, welfare
and social security protection.
As the country supplying the biggest number of
international seafarers, the Philippines is heavily affected
by the new ILO Convention, in terms of policies and
priorities impacting sea-based OFWs. More importantly,
Filipino seafarers, who make up the biggest nationality
group in the global maritime workforce, hold tremendous
stakes in the meaningful realization and implementation of
the Convention.
Aims: The AJGAFS forum, held in Cebu, served as
the first opportunity in the Philippines to publicly deliberate
on the Maritime Labour Convention: its coverage and
120
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contents, its implications, and its consequences to a full
range of national stakeholders – seafarers and their
families, government agencies, the private sector
(principally shipping companies and crewing agencies),
maritime training and education institutions, international
bodies, and non-governmental/civil society organizations.
In particular, the Forum gave attention to the
responsibilities of, and challenges to, the Philippines
government - or the government's basic policy on the
ratification and early implementation of this novel
international agreement. Under the Convention, primordial
expectations are given to a “labour supply State” - a new
actor in international maritime law.
Continued Relevance: Filipino seafarers constitute
a fourth of the country's total deployment. We must
continue the lobby for the Philippine government to ratify
the Maritime Convention and for congress to enact a
national Magna Carta for Seafarers. A continuing concern
is the attempt of the shipping agencies to amend the POEA
rules and regulations to the detriment of the Filipino
seafarers.
Round table Discussion on Practical and Legal
Remedies to Address the Needs of Families
Abandoned by Overseas Filipino Workers121
December 15, 2006
Context: Mass labor migration exacts a heavy toll
on the Filipino family. Migration breaks apart Filipino
families and family members must endure prolonged
separation from each other. Children of migrant parents
grow up under the care of their grandparents and/or
121
http://www.pinoyabroad.net/lungga/index.shtml?apc=i--6051-
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extended families. Migrant parents become absentee
parents to their children, spending at most a few months in
a year with them. Outright abandonment of family members
left behind comes as another consequence of labor
migration to the Filipino family. Abandonment generally
takes place when a migrant parent, usually the father, stops
sending adequate regular financial support to his family in
the Philippines. Home visits during vacation time become
infrequent and then cease altogether. In 1999, POEA
recorded 1,439 abandoned families; in 2000, the figure
stood at 1,344.122
The Philippine Constitution intends to uphold a
quality life for all that is free from hunger, poverty and social
injustice and to protect the rights of the Filipino family and
particularly women and children. “The State recognizes the
sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution.”123
Furthermore, “The State recognizes the Filipino family as
the foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development.”124
Unfortunately, however, the government’s promotion of
labor migration negates these efforts and commitment to
protect the family, and in particular women and their
children.
As such, current laws and policies,
notwithstanding their noble intentions, do not sufficiently
respond to situations of migrant families, where one or both
parents are abroad.
Aims:
The round table discussion aimed (1) to
better understand and address the issue of family
122
ILO Gen Prom Working Paper #8, pp.41
Constitution, Article II, Declaration of Principles and
State Policies, Section 11. Section 12.
124
Constitution. Article XV, Section 1.
123
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abandonment vis-à-vis labor migration, (2) to know how the
various government migration-related agencies approach
and address the problems, (3) to identify the gaps in
existing laws, policies and practices regarding OFW family
abandonment and financial support, and (4) to come up
with concrete practical social and legal remedies to family
abandonment by OFWs as well as concrete support
programs to woman parents/spouses left behind.
Continued Relevance: The UN Convention on the
Protection of the Rights of All Migrant Workers and
Members of Their Families affirms the integrity of the
migrant workers and members of their families. The UN
Convention on Economic, Socio-Cultural Rights also affirms
the right of individuals to a family life. After four decades of
labor migration, there is no more doubt that migration has
exacted a heavy toll on the migrant families. Governments
should seriously think about the social cost of migration on
the families and children of migrants, especially those who
are left behind.
2007 Significant Moments:

First Global Forum on Migration and Development
(GFMD) was hosted by the Belgian government.
The GFMD came about from the UN HLD. It is an
inter-governmental, non-binding, informal, voluntary
platform to discuss the migration and development
nexus. It provided a little space for CSOs but the
terms of reference were not clear.

The ASEAN body decided to be a rules-based body
and proceeded to draft a Charter; It also adopted a
Declaration on the Promotion and Protection of
Migrant Workers.
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
2007 saw the second-time implementation of the
OAV for a mid-term elections, with a dismal turn out
of only 16%

The POEA unilaterally implemented the Household
Service Workers Reform Package for domestic
workers, caregivers and others working in a
household setting.
 The Philippine Congress enacted RA 9422 to repeal
sections 29 and 30 of RA 8042 and strengthen the
regulatory functions of the POEA
ASEAN Declaration for the Protection and Promotion of
Migrant Workers: What’s Next?125
February 22, 2007
Context: On January 13, 2007 at its 12th Summit in
Cebu City, the heads of states and governments of the
Association of Southeast Asian Nations (ASEAN) adopted
the ASEAN Declaration on the Protection and Promotion of
the Rights of Migrant Workers. While the declaration was
welcomed as a positive step in the regional body’s
commitment to promote decent, humane, productive,
dignified, and remunerative employment for migrant
workers, the declaration is, however, at best, a non-binding
document where many provisions are subject to the
national laws and policies in each of the member states.
Thus the declaration is limited in scope.
However,
notwithstanding the limitations of the Declaration, the
positive elements therein are still useful for advocacy and in
monitoring state practices that run counter to the
Declaration.
125
http://www.pinoyabroad.net/lungga/index.shtml?apc=n--5981-
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Aims: The purpose of the forum was to explore
ways to move forward from the declaration and discuss the
following questions: How is the Declaration relevant to the
advocacy for the rights and welfare of the migrant workers?
How is the Declaration utilized in lobbying for national
legislation that promotes and protects the human rights of
migrant workers?
Continued Relevance: ASEAN is an important
platform for advocacy for the rights of migrant workers in
the region. It becomes especially so now that ASEAN has
become a rules-based body following the adoption of a
charter and the community blue prints. As regards the
Declaration, the ASEAN has formed the ASEAN Committee
on Migrant Workers (ACMW) to monitor compliance of the
10 member States to the provisions of the declaration. In
more concrete terms, the ACMW is in the process of
drafting an ASEAN Agreement on the Protection of Migrant
Workers.
Promoting and Fulfilling the Human Rights of Migrants:
Revisiting RA 8042 and Beyond126
June 29, 2007
Context: Republic Act 8042 or the Magna Carta for
Migrant Workers and Overseas Filipinos is the main
national legislation that comprehensively addresses the
issue of protection and promotion of the human rights of
men and women migrant workers and overseas Filipinos in
general. Its effectiveness, relevance and responsiveness
can be put to test on actual responses of Government (and
NGOs) to cases of distressed migrants and overseas
Filipinos. On February 2006, CMA launched the SOS SMS
Helpline for distressed OFWs. The SOS SMS Helpline was
126
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created to enable OFWs, anytime, wherever they may be,
to report immediately their distressed situation so that help
may be extended promptly by appropriate government
agencies as well as NGOs. Moving on to the second year
of operation of the SOS SMS and on the occasion of
RA8042's 12th year anniversary in June 2007, it was
deemed an opportune time to get together with partners in
government to reflect on our collective efforts to promote,
protect and fulfill the human rights of migrant workers and
overseas Filipinos as enshrined in the Constitution and
RA8042.
Aims:
The Second Dr. Alfredo J. Ganapin
Advocacy Forum Series 2007 focused on the first year
performance of the SOS SMS Helpline together with the
rest of the cases brought to CMA's attention in 2006. An
initial report was presented with a data analysis of these
cases for purposes of identifying GO and NGO weaknesses
and strengths in responding to the needs of migrants in
distress. The report also identified key recommendations to
address the gaps and deficits in the efficient and
responsive delivery of services and programs to migrants
and families as well as for closer cooperation and
coordination among GO agencies and between GOs and
NGOs, in country and overseas.
Continued Relevance: For the OFWs, the policies
and institutions of government that aimed to provide
protection for them only becomes relevant when these can
respond to their distressed situation –before they leave, onsite and upon return to the Philippines. Thirteen years after
the hasty enactment of RA8042, several provisions remain
unfulfilled, and/or not properly implemented if at all and
Congress has yet to enact on the proposed amendments to
the law. In the meantime, the example of the SOS SMS
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System inspires migrants’ rights advocates to replicate the
system for migrant workers of different nationalities.
A Call to Action: Know Your Rights, No to Illegal
Recruitment and Trafficking127
September 14, 2007
Context: The AJGAFS forum was once again
taken outside of Manila to Baguio City to discuss illegal
recruitment and trafficking, particularly in light of the large
number of OFWs in that region. Among the 1.06 million
Filipinos who work abroad surveyed from April-September
2004 by the National Statistics Office for their Survey of
Overseas Filipinos (SOF), the Cordillera Administrative
Region (CAR) was one of the top regions posting the
biggest increase in their number of OFWs. At the same
time, one can understand the increase in overseas
migration from the CAR in the context of its poverty
statistics. In 2003, the National Statistical Coordination
Board reported that 73,008 families (or 454,184 persons)
earned below its annual per capita poverty threshold - the
annual per capita amount to be spent to satisfy nutritional
requirements (2,000 calories) and other basic needs which
was P13,976.128 These make up almost 25% of the total
number of families and 31.2% of the total population.
Furthermore,
according
to
POEA
Deputy
Administrator Atty. Hans Cacdac stated that in 2000, the
POEA reported 1,327 illegal recruitment victims who sought
its help and 573 illegal recruitment cases filed. By 2003 and
2004, its illegal recruitment cases affected 1,625 and 1,441
victims, with 618 and 635 cases filed while 4,789 and 5,673
127
http://www.pinoyabroad.net/lungga/index.shtml?apc=i--7141128
Philippine National Statistical Coordination Board
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anti-illegal recruitment victims more were assisted.129 Atty.
Cacdac also reported that while in 2003, 3% of adjudication
cases involved excessive fee collection, in 2006 this
number had jumped to 22% of such cases. POEA expect
2007 to top these since their mid-year report had already
recorded 1,900 cases and growing.
Aims: In light of these statistics, this forum sought
to address how overseas migration affects CAR OFWs,
especially the women, their families and the region as a
whole, discussing questions including the following: How
extensive are illegal recruitment and trafficking? How does
government address overseas migration and the problems
it entails? The specific objectives of the forum were as
follows: (1) To discuss the situation of overseas migration
from CAR and how various agencies deal with the rights
and welfare of OFWs, (2) To identify issues and concerns
of current and potential migrant workers in relation to their
vulnerability to various human and migrant abuses,
including illegal recruitment and trafficking, and (3) To
identify advocacy approaches and strategies and policy
recommendations for CAR local government, regional and
local and national government agencies and NGOs to
enhance their existing programs to minimize existing
gaps/problems in the OFWs’ full enjoyment of their migrant
and women rights and ensure that CAR OFWs are
adequately informed and prepared, and (4) To enjoin the
local government, church, academe/learning institutions,
police and other stakeholders in the fight against illegal
recruitment and trafficking.
Continued Relevance: Think globally, act locally.
This cannot be more relevant in the case of mainstreaming
migration concerns at the local communities where the
129
POEA 2004 Annual Report
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migrants and their families live in. Advocacy efforts should
also be directed to local government units and communities
for them to develop programmes and services for their
migrant constituencies. .
The Effectiveness of Migrant Workers’ Education and
Information130
December 7, 2007
Context: About a tenth of the Filipino population is
overseas either as permanent residents, immigrants,
migrant workers or Filipinos in irregular status. Mass
migration will be here for many years to come, especially as
the country reels itself from a jobless growth and
skyrocketing prices of basic commodities. In this situation, it
becomes urgent and necessary that efforts to curb illegal
recruitment and trafficking and raise the awareness of
migrants on the realities of migration, the state duties and
obligations to migrants, the legal and social mechanisms of
protection to migrants in the country and abroad and the
general human rights of migrants, are strengthened,
supported and rendered effective. Educating and informing
the migrants of these basic rights and their applicability can
be powerful tools of protection for migrants themselves.
Aims: The forum aimed to call for a concerted
effort in conducting effective and responsive education and
information work among the OFWs and their families.
Specifically, the discussion took a critical look at current
education and information programs of POEA and OWWA,
in particular the PEOS (Pre-Employment Orientation
Seminar) and PDOS (Pre-Departure Orientation Seminar).
Apart from OWWA and POEA, participants also tried to
130
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take stock of the extent of information and education
campaign efforts of other government agencies, civil
society organizations and the private sector, asking critical
questions including the following: How many receive
information? Where is data made available? In what form?
Are they free or for a fee? Is education compulsory to
ensure protection?
Continued Relevance: Notwithstanding the fact
that Filipinos are seemingly desperate to land a job
overseas, there is still much value in providing timely and
relevant information to would-be migrants and the
communities at large on the realities of migration and the
available legal remedies here and abroad, should they find
themselves in distressed situation.
2008 Significant Moments:

The Second GFMD was hosted by the Philippine
government in Manila;

As a parallel event to the GFMD in Manila, migrants
rights advocates, migrant associations, trade unions
and other civil society groups convened the Peoples
Global Action on Migration, Development and
Human Rights (PGA);

The CEDAW Committee Adopted General
Recommendation (GR) 26 on women migrants
 The Philippines reported to the UN Committee on
Economic, Socio-Cultural Rights (ESCR); The
ESCR Committee's Concluding Observations urged
the Philippine government to exert more efforts at
local job generation as the lock of jobs and
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
102
persistence of poverty push people to take the labor
migration option.
 The Philippines ratified JPEPA and the ASEAN
Charter.
 The Philippines made its initial submission to the
UN Committee on the Migrant Workers Convention;
A full examination of the Philippines by the
Committee will take place during the latter's 10th
session in April 2009.
 The European Parliament adopted the Return
Directive Policy Against Undocumented Migrants in
Europe.
 European Parliament adopted the European Pact
on Migration and Asylum that will shape present EC
policies on migration and asylum.
Filipino Labor Migration: What Role for Congress?
March 12, 2008
Context: Congress work is not only about policymaking and enactment of laws and ensuring funds are
properly allocated. It also has the mandate of oversight of
the executive to ensure that the laws and policies are
implemented properly. In addition, the Senate has the
power to recommend the ratification or non-ratification of
international instruments, treaties and declarations to make
this part of the laws of the land. Increasingly, as migration
becomes almost a way of life for Filipinos, it is imperative
that this branch of government is optimized for the purpose
of advancing the rights and well-being of the OFWs and
their families.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
103
Aims: To provide an avenue for discussion of labor
migration issues and concerns for members of Congress
and the Congressional staff in order to raise their
awareness and consciousness on the labor migration and
how they can effectively respond to the issues as members
of the Legislative Body.
Continued Relevance: Congress is a major and
critical platform for migrants’ rights advocacy. Congress'
pro-active and timely responses to OFW issues and
concerns can really make a difference in the lives of the
OFWs and their families – before they leave the country, as
they work and live abroad, and upon return to the
Philippines. Congress’ oversight function is a powerful tool
in prompting the executive to do its job properly.
“Democratization Through Migration?”131
July 29, 2008
Context: The inter-linkages between migration and
democratization have not yet been profoundly examined. In
order to fill this gap, a research team from the “Arnold
Bergstraesser Institute” in Freiburg, Germany, has
conducted a research project entitled, “Democratization
through Migration?” Using the hypothesis that migration has
the potential to alter or strengthen existing political
attitudes, with the degree and direction of changes
depending on migrants’ individual experiences and on the
political system of the host country, 1,000 returned OFWs
from various destinations were interviewed.
Aims: The main intent of presenting the
researchers’ primary results was to obtain inputs from a
131
http://www.pinoyabroad.net/lungga/index.shtml?apc=i--7731-
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
104
Filipino audience with vast experiences and knowledge in
the intersecting issues of migration, economics and politics.
All comments and suggestions will be factored in for an
enhanced analysis and a more substantiated set of results
for the study.
Continued Relevance: Migration changes the
phase of Philippine society especially since it is attracting a
lot of attention in the economic and political spheres. OFWs
make a difference in local politics particularly when they
either run for office or support political candidates. If so, this
supports the premise that OFWs can be drivers for political
change. How does the migration experience affect political
attitudes, institutions and mechanisms? What are the
determinants? Can attitudes be harnessed for political
change? With the 2010 national elections coming up, this
research becomes all the more relevant in gauging the level
of political awareness and interest of overseas Filipinos.
The Philippines: A Global Model on Labor Migration?
September 19, 2008
Context: The Philippines is touted as the global
model on labor migration because of the numerous laws
and policies it has put in place, the ratification of UN and
ILO international instruments of human and worker
protection and the institutions that go with these policies
and instruments. Is this really the yardstick for which to
measure the country's seriousness and resolve to promote,
protect and fulfill the human rights of OFWs and their
families? On the occasion of the Philippine hosting of the
second Global Forum on Migration and Development
(GFMD) this October in Manila, and being the first laborsending country to host the event, CMA and FES are doing
a performance audit of the government to test the efficacy
of the policies and their corresponding institutions in
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
105
upholding the rights and dignity of OFWs and other
overseas Filipinos. The responses to the various
recommendations, resolutions and calls to action that
surfaced in the public forums for the last 5 years will be the
case studies.
Aims: (1) To assess the continued relevance of
previous resolutions; (2) To assess progress made on
resolutions / promises for change; (3) To identify new
challenges facing issues previously discussed; (4) To
identify steps to be taken by various actors and particularly
government agencies to further progress on migrants rights
advocacy
Continued Relevance: Efforts to respond
effectively to problems and distressed situations of OFWs,
notwithstanding the gamut of laws and institutions that were
set up to respond to OFW concerns and issues will always
be not enough for as long as the thrust of this government
is to promote migration as a development strategy framed
in the current neo-liberal globalization.
PART III
COMPILATION OF AJGFS
RECOMMENDATIONS
All the forums produced a number of resolutions,
proposals and promises, either agreed upon at the forums,
prepared beforehand by participants, or simply drawn out
from them as discussions went on. Noteworthy is the
frequency of promises and resolutions forwarded by
government representatives, as well the large number of
challenges posed by NGO participants. The following is a
compilation of these resolutions, challenges and promises
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
106
taken from AJGAFS over the five-year period.
This
compilation is meant to be reviewed, followed up,
discussed—even debated upon. It is also meant to see
what became of these resolutions and promises.
In general, the recommendations put forth from the
forum could be sorted into theme areas directed towards
different sectors—to the various government organizations,
as well as to OFWs themselves and the NGO community.
The following section outlines the thematic areas to be
addressed by various government agencies as well as
several cross-cutting areas.
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
DFA/OUMWA/CFO
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
107
THEME
GOVERNMENT
AGENCY
Policy
Introduce effective
measures to protect their
rights in line with
immigration laws and
policies of host countries
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
A.
B.Conduct joint lobby
efforts with other sending
countries, advocacy with
host governments
C.
D.Ensure that OFWs are
not compromised in our
diplomacy and is taken in
relation with both
domestic and
international policy in
both the short and long
term.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
108
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Research Set up and implement a DFA is mandated by
Shared Government
Congress under RA 8042
Information System on to submit a semi-annual
Migration (per RA8042); report on its assistance to
Build/Improve
nationals programme –this
information and
report which is on a per
knowledge base on:
post category contains
global trends in labor
information on the
migration, conditions of estimated number of
OFWs
Filipinos under the post's
jurisdiction; the working
Study psycho-social
conditions of OFWs;
effects of migration and Problems encountered by
how government
OFWs; Actions/ Initiatives
addresses these
the Post undertakes to
Study the conditions of address these problems;
OFWs in terms of their prevailing (changes if any)
salary ranges, per capita laws and policies of the
expenses of families left host country affecting
behind and quality of life OFWs; Status of bilateral
in the host country
agreements between the
before making
Philippines and the host
remittance mandatory. country and other similar
agreements, if any; and,
Conduct a cross-sectoral the post's
intensive examination of recommendations, if any.
the economic and social DFA complies.
benefits/costs of the
present overseas
SGISM – DFA OUMWA is
employment program
tasked to lead the
and recommend
establishment of the
measures to minimize if SGISM. Given that DFA
not eliminate the costs. OUMWA has the bi-annual
reports from the post, the
database under the
Study Filipino outSGISM should not have
migration in relation to been difficult to comply
world trends including
with. At the same time,
THE PHILIPPINES:
A GLOBAL
MODEL
globalized
migration
inter-agency talks
ON LABOR MIGRATION?
109
trends.
convened and facilitated
by OUMWA are on-going.
Professionalize GOs.
However, talks on the
matter of the SGISM
THEME
GOVERNMENT
AGENCY
Resource Harmonize the budget to
Allocation reflect the “One country,
and
one team” approach
Staffing
Provide sufficient
resources e.g. for
vehicles to respond to
migrants’ concerns
Set up a 24-hour
OUMWA hot line as the
current DFA 24 hot line
is not OUMWA specific,
not even during office
hours and is very difficult
to connect to
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
In terms of human
resources, the OUMWA
office in Manila has 50
staff members who are
divided into five divisions
(Aspic Asia Pacific. ME-A
Middle East Africa,
Americas, Europe, and
OUMWA itself). DFA has
ATN (Assistance to
Nationals Funds) for
Overseas Filipinos and
under RA 8042, it also
manages the Legal
Assistance Fund (LAF).
OUMWA attends to about
200 cases a day (50 walkins and 15 referrals from
local public and foreign
service posts).
Strengthen foreign
service personnel
capacities/capabilities in
handling labor migration
and HIV/AIDS issues.
On site, there are sixty one
embassies and twenty
consulates (as well as
honorary consuls in many
destination countries).
These posts are headed
by the Ambassador and
the consulate general
respectively. Work load of
posts increases over the
years without a
corresponding increase in
the number of personnel
New work load included
the management of
overseas absentee voting.
The DFA is opening more
THE PHILIPPINES: A GLOBAL MODEL
regional consular offices
ON LABOR MIGRATION?
and foreign service110
posts
in order to better serve the
public; thus, this year,
2008, OUMWA is asking
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
DIPLOMATIC POSTS
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
111
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Networking Confidence/trustPOLO Command
building: Establish good Conferences, the latest
relations with counterpart one was on December 28,
agencies in host
2006. for OFWs on
countries;
December 28, 2006 and
tackled the global thrusts
Conduct regular forums to ensure quality jobs,
to discuss issues and
better protection for OFWs
concerns and finding
According to the DFA,
solutions, possibly
continued efforts are being
leading to forging
made towards trustbilateral agreements.
building between the
Philippines and the
Trust building: Conduct
destination governments.
regular/periodic
meetings/ consultations In the UAE, Embassy
between post/POLO and representatives from laborOF communities and
sending governments get
related activities and
together to discuss
visitations to OFs in
common migration issues
areas far away from the and concerns
post.
ASEAN is an important
platform for engagement
Link up with NGOs and
on labor migration issues;
OFW communities in
host countries for post- the ASEAN Committee on
the Declaration on the
arrival services
Protection and Promotion
Engage receiving
of the Rights of Migrant
countries in continuing
Workers was constituted
dialogue.
and met, for the first time,
in September 2008 in
Singapore; ASEAN
Charter takes effect;
Process for the
establishment of an
ASEAN Human Rights
Body on-going.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
112
THEME
GOVERNMENT
AGENCY
Staffing
Post more social workers
with good grasp of
migration issues, whose
budget is to be taken
from the Office of the VP
or thru an automatic
appropriation from the
pork barrel of
Representatives.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
113
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
On-Site
Beef up the ATN section The Philippines has 88
Personnel of embassy/ consulate embassies, consulates
(particularly in Saudi
and other Philippine
Arabia)
missions, 3 Offices of
Manila Economic and
Tap/Field OFW migrant Cultural Office in Taiwan,
worker specialists to
37 Philippine Overseas
troubleshoot in sensitive Labor Offices (POLOs)
OFW cases especially in and 20 Filipino Workers
the Middle East and
Resource Centers
other hard post areas
(FWRCs). In terms of
personnel complement
Strengthen foreign
overseas, OWWA
service personnel
(Overseas Workers
capacities / capabilities Welfare Administration)
in handling labor
has 39, DOLE-POLO
migration and HIV/AIDS (Department of Labor and
issues.
Employment- Philippine
Overseas Labor Office)
Show transparency in
has 230 and DFA OUMWA
the recruitment of foreign has 85. For DFA, as of
service
February 2009, the total
personnel/appointments number of DFA personnel
of embassy/consulate
deployed in foreign service
officials;
posts was 1,169 including
those from the OUMWA.
Set up a government
monitoring mechanism /
Philippine Labor Offices in
Implement a monitoring
Saudi review services,
system on performance
policies for OFWs in Saudi
of diplomatic
Arabia. Underscoring the
posts/FWRCs;
need to review and
synchronize operational
Strengthen diplomatic
systems and policies
posts thru capabilityaffecting Filipino workers
building, e.g., assess onin Saudi Arabia, the four
site issues pertaining to
Philippine Overseas Labor
safety of OFWs abroad
Offices (POLOs) in the
THE PHILIPPINES:
GLOBAL
andAquality
ofMODEL
services
Kingdom held a 114
ON LABOR MIGRATION?
delivered to them,
conference last September
gender sensitivity
21-23, 2006. The POLO
trainings, other sensitivity
Conference, held in the
programs,
THEME
Programs
and
Services
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Provide health services On-site programs and
to OFWs on-site.
services available on-site
are those from OWWA
Conduct massive
where OWWA is present.
information campaign
using primers, posters, Where there are Filipino
etc.
Workers Resource
Centers (FWRCs), these
Implement continuing
serve as venues for skills
education of OFWs, e.g., training, meetings, parties,
thru monthly forums
dialogues with posts; in
other cases it serves as a
Diplomatic posts should shelter for distressed
persist in serving OFWs migrants.
with due diligence: 24
hour assistance, on-site A Senate bill, SB 1979, is
counseling, specific
filed in the 14th Congress
protection mechanisms seeking penalties for erring
for OPAs given their
and negligent consular
vulnerability, etc.
personnel
Set up FWRCs where
there are large OF
concentrations: set up 24
hr emergency response
unit equipped with
communication/ hot
line/helpline and
transport facilities,
appropriate programs for
women OFWs/domestic
workers
Conduct capacity
enhancement trainings
for Post members/staff
and case workers for
effective conduct of work
THE PHILIPPINES:
A GLOBAL
MODEL
for OFWs,
including
ON LABOR MIGRATION?
discussion on labor
migration as well as
social and labor policies
and practices in host
115
THEME
GOVERNMENT
AGENCY
Other
Programs
and
Services
Clear up all blood money
receivables with Jeddah
Consulate and Philippine
embassy in Riyadh
including and especially
the case of Leonardo
Lising who died 15 years
ago.
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Establish a working 24
hour hot line not a
computer-managed hot
line like the OP centers
at selected posts to
enable OFWs from far
flung places to
access/avail themselves
of services from posts.
Announce / publish all
updated/current
telephone and mobile
phone numbers of all
welfare officers in the
Middle East to enable
OFWs with problems in
remote areas to have
access to POLO/ OWWA
services.
Systematically monitor
entry and job site
location of all domestic
workers in the region by
coordinating with the
Governors of Dammam,
Jeddah and Riyadh.
THE PHILIPPINES:
A GLOBAL
MODEL
Provide
psycho-social
ON LABOR MIGRATION?
counseling / stress
debriefing and other inhouse programs or
services for victims of
116
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
POEA
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
117
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Contracts Improve the standard
On-going review and
contract from the point of amendments of the work
view of seafarers.
contract for seafarers. The
Nothing in the
proposed amendments
Convention requires us however will result to
to change the provisions diminution of benefits by
of the contract but put
the seafarers. One of the
more substantive
proposals is to make the
positions.
first three months of a
seafarer as probationary
Stop issuing the
period. It is the
standard employment
observation that major
contract that has caused proposed amendments are
contract substitution. Do detrimental to the interest
not let manpower
of seafarers.
agencies issue the same
contract.
For contracts of landbased workers -- -POEA
Implement COPPA
fails to monitor compliance
(Comprehensive
of recruiters. The POEAOrientation Program for prescribed standard
Performing Artists).
contract is not congruent
with the work contract
Strictly monitor violations required of migrant
and provide stricter
workers and recognized by
penalties.
host countries; There is
also a need to constantly
POEA/OWWA should
monitor changes in the
include reintegration
policies in host countries
topic in PDOS and
PEOS.
On Information and
education: POEA takes
Set-up 24-hr Hot
charge of PEOS; conducts
line/Helpline
Anti-Illegal Recruitment
Seminar; anti-Trafficking in
Set up a one-stop
Persons Seminar; and in
processing center/
2006 launched the Antirecruitment center.
Illegal Recruitment
THE PHILIPPINES:
A GLOBAL
MODEL
Implement
strict
Program for Local
ON LABOR MIGRATION?
processing of
Government units;118
PDOS
documents.
has been transferred to
OWWA except in the case
of government – to For OPAs, at least 21
THEME
GOVERNMENT
AGENCY
Agencies
Keep a close watch on
recruitment agencies.
Seek out illegal recruiters
and prosecute them.
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Prohibit manning
agencies without internet
presence. Applicants
should be able to look
them up in the internet.
These agencies can also
be more easily
monitored. PESO can
help maximize the
internet in helping
monitor agencies.
Through the bilateral
agreements, both
sending and receiving
countries should strictly
monitor collection of
placement fees (no more
than one month’s salary)
by recruitment agencies
and provision of benefits
to OFWs e.g. holidays,
health insurance
coverage, etc.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
119
THEME
GOVERNMENT
AGENCY
Seafarers
Establish independent
seafarer grievance
agencies to provide for
speedy and accessible
means of resolving
claims relating to
employment.
Address work contract
violations.
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
The POEA already made
an initial submission to ILO
on its intention to ratify the
ILO Maritime Convention
A proposed bill on Magna
Carta for Seafarers is
pending in the 14th
Congress; Deliberation are
ongoing
Manning agencies
should subsidize training
costs. Require only
relevant upgrading
courses.
Remove age as a
criterion for employment
as seafarer. Employment
should be on the basis of
mental and physical
fitness
Encourage wives of
seafarers to join
organizations which can
help them earn additional
income for their families
and build wholesome
values for themselves.
OWWA
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
120
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Representa To protect the welfare
House Bill 699 which has
tion
fund, have more OFW
been integrated in the
representatives, OFW
consolidated proposed bill
families and advocates in to amend RA 8042 seeks
its governing board and to
present a transparent
accountable fund
increase the number of
management that
migrant representatives in
includes welfare,
the
POEA
Governing
livelihood centered
Board and OWWA Board
programs and projects of Directors
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
121
THEME
Programs
and
Services
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Implement low interest A proposal for an OWWA
rates, fewer / minimum Charter is being crafted in
requirements in acquiring the Congress. This
loan assistance and
proposed OWWA Charter
other benefits.
will replace the OWWA
Omnibus Policies and will
Recommend pensionensure that the interest of
type coverage.
migrants and their families
takes primacy.
Provide additional
benefits for OFWs.
OWWA transferred P530
million from the Medicare
Extend immediate
Funds to Philhealth, upon
repatriation assistance to commencement of the
abused and terribly
transfer; the remaining
homesick OFWs
P3B Medicare funds were
especially women
merged with the welfare
migrants before they
fund of OWWA; at present,
resort to desperate
OWWA explores
measures.
partnership with the
Department of Health and
Reconsider request of
Philhealth to be able to
families of OFWs who
build a hospital wing in six
died overseas or at
medical centers for OFWs
home for illnesses and and their families; there is
were denied OWWA
a corresponding bill in the
benefits for failure to
Senate to this effect.
validate their OWWA
membership though they
have been OFWs for the
last two decades.
Provide appropriate
benefits to OFWs (onsite) and returnees
depending on the
duration of their
employment overseas
and their contributions.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Immediately resume
granting of benefits.
Strictly implement that
employers pay the
122
THEME
GOVERNMENT
AGENCY
PreDeparture
Orientation
Seminars
Include discussion of
human rights and
restrictions (other than
that indicated in the
contract) during
orientation.
POEA/OWWA should
include reintegration
topic in PDOS and
PEOS.
Review PDOS.
Determine the specific
needs of each group of
OFWs. Develop an
interactive and reflective
basic PDOS and PEOS
program for first time
OFWs.
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
OWWA has 193
accredited service
providers for PDOS –1012 are NGOs handling
PDOS for domestic
workers and caregivers; 60
manning agencies for
seafarers; the rest are
land-based agencies and
associations of agencies;
OWWA will make PDOS
country specific; they will
start with Canada;
inclusion of human rights
in the curriculum is being
considered
CMA conducted a survey
and study on the efficacy
of OFW information and
Provide enough time for education work; the results
PDOS/PEOS. Consider have been submitted to
psychological and mental OWWA for consideration
state of OFWs during
PDOS/PEOS.
Determine if sex
education is an important
topic, especially among
domestic workers who
have many reproductive
health problems.
Regulate all agencies
providing PDOS and
PEOS.
THE PHILIPPINES:
A GLOBAL
MODEL
Develop
a more
ON LABOR MIGRATION?
advanced and
developmentallyappropriate series of
seminars and support
123
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
DOLE
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
124
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Review overseas
DOLE is committed to the
employment program to ILO Decent work agenda
determine its direction in The President signed AO
view of its impact on
247 on December 4, 2008
national development
in response to the global
and its corresponding
financial and economic
human and social costs. crisis. AO 247 directs the
POEA to go full blast with
Develop a non-binding aggressive overseas
multi-lateral framework market development
for a rights-based
efforts for labor export
approach to labor
purposes.
migration.
Address brain drain,
institute policy reforms to
address high
unemployment rates,
inequitable income and
wealth distribution and
poor infrastructure that
will accelerate
employment generation,
raise real incomes and
reduce poverty on a
sustained basis. Create
better social, cultural and
political conditions to
keep the workforce in the
country.
Assign more labor
attaches in countries
where there are large
numbers of Filipinos to
assist them in making
claims for just
compensation against
THE PHILIPPINES:
GLOBALemployers
MODEL
theirA foreign
ON LABOR MIGRATION?
because they have no
compatriot lawyers to
consult and no labor
union to support them.
125
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
LOCAL GOVERNMENT
UNITS
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
126
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
Come up with an
There is increasing
ordinance to implement number of LGUs that are
RA 9208 and other
starting to develop their
provisions on the role of respective migrant's desk/
barangays to assist LGU programmes for their OFW
in enforcing and
constituencies
monitoring the
ordinance. Develop local There are 134 LGUs
anti-trafficking and illegal including Manila that have
recruitment networks.
forged memorandum of
agreements with POEA
Strengthen barangay
on IRP-LGU programme
council as substitute
parents for the protection The Cebu provincial board
of and to help care for
issued a resolution urging
children of OFWs.
the Philippine government
Develop some programs to make representation
for these children.
with the European
Parliament in regard to the
Local governments
European Return Directive
should pass resolutions Policy that will impact on
and policies supporting the undocumented
OFW economic
Filipinos in Europe
initiatives.
Local governments
should allow 1% of LGU
budget for OFW affairs.
Local governments
should create their OFW
Committee.
LGU OFW committee
should be composed of
representatives from
OFWs, OFW families,
NGOs and LGU;
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Disseminate information
on migration issues;
Create an enabling
127
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
INTER-AGENCY
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
128
THEME
GOVERNMENT
AGENCY
Implement Dual
Citizenship Law
(RA9225) to enable
Filipino citizens abroad
to participate fully in
registration and voting
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS

Strictly implement the
Anti-Trafficking Act/ RA
9208
Make anti-illegal
recruitment / anti
trafficking programs
more effective, e.g., vis a
vis visit visa countries
like UAE and Singapore.
Develop local antitrafficking and illegal
recruitment networks.
Intensify cooperation
with concerned agencies
including DOLE, CHED,
TESDA, LGUs and
NGOs to combat
trafficking e.g. vis a vis
traineeships, internships,
exchange programs and
au pair programs as
possible modes of illegal
recruitment to get OFWs
at rock bottom rates.
Make inter-agency
coordination more
responsive. Improve
THE PHILIPPINES:
A GLOBAL
MODEL
intelligence
/ information
ON LABOR MIGRATION?
exchange.
Address family
separation problems
129
THEME
GOVERNMENT
AGENCY
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
DEPARTMENT
OF
JUSTICE AND THE
COURTS
Study the feasibility of
BI has 24-hour National
extending local
Operating Center; they
assistance to families of also have satellite offices
OFWs and exemption
to receive complaints and
from court fees to Filipino reports
wives abandoned by
spouses working abroad. CCTV cameras are
installed at the immigration
Set up programs and
section
services to support
families left behind.
Periodic Rotation of
Involve LGUs.
Immigration officers
Expand conciliation and
mediation processes.
Study the feasibility of
administrative support
mechanisms for nonjudicial mechanisms.
Immigration Officers on
duty are not allowed to use
cellphones
Immigration Area is a
sanitized area
Snake queueing to assign
departing Filipinos to
immigration officers at
random and prevent escort
services.
THEME
GOVERNMENT
AGENCY
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
130
Legislation Institute National
and
Health Service Act.
Services
Conduct public
hearing in Congress
on the nonimplementation of Art
22 of the Labor Code.
Sections 29 and 30 of
RA 8042 was repealed
by Republic Act 9422
which also
strengthened the
regulatory functions of
the POEA
Further amendments to
File the necessary
RA 8042 are in
legislation to protect consolidated status in
families abandoned by the 14th Congress
OFWs.
(deletion of section 4d
in the statement of
Harmonize existing
policy; imposing
bills in Congress with penalties for erring and
the Maritime
negligent consular staff;
Convention.
additional OFW
representation in
Initiate urgent
OWWA Board and
legislative measures POEA Governing
to come out with
Board; replenishment of
viable alternatives of ATN and LAF and
home-based
emergency repatriation
employment or
funds through the GAA.
income-generating
activities conducive to A Draft proposal for an
Filipinos who may opt OWWA Charter is
to stay at home.
underway.
Initiate bills that will
give OWWA its own
charter similar to SSS
and GSIS.
Accelerate the
passage of all pending
bills
in Congress
THE PHILIPPINES:
A GLOBAL
MODELthat
can improve OFWs’
ON LABOR MIGRATION?
lot, protect their rights
and welfare and those
of their families.
131
Oversight Oversight Function (in
Function aid of legislation) over
the implementation
of RA8042, RA9189,
and RA 9208
Performance and
financial audit of DFA,
OUMWA, Embassies,
Consulates, POLOs,
OWWA, POEA,
TESDA and NLRC
Exercise of oversight on
the executive and in aid
of legislation –on illegal
recruitment, regulation
of Recruitment
Agencies, Placement
Fees
The Philippines has
reported to the UN
Migrant Workers
Convention last January
2008 and April 2009;
Monitor compliance (See Annex for copy of
and implementation of the Committee's
various provisions in Concluding
RA 8042
Observations)
Transfer of Medicare
to PhilHealth
Appreciating peso and
its impact on
remittances
Overdue country
report on UN MWC
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
132
Overseas Fully automate
Voting
counting of votes.
The House approved on
3rd and final reading its
consolidated bill to
Give OFWs option to amend RA9189. Its
register and vote
counterpart measure in
personally or by post. the Senate will be
consolidated by a
Implement a
Technical Working
continuing system of Group (TWG).
registration in the
Philippines and
OAV Registration for
abroad
2010 elections are
ongoing from February
Conduct field and
1, 2009 until August 31,
mobile registration
2009.
here and abroad
CMA together with FES
Conduct field and
and CFO produced
mobile voting
promotional OAV
overseas
registration posters and
flayers. DFA OAVS
Implement a
distributed the copies to
registration and voting the posts.
mechanism adaptable
to seafarers’ situation
Allocate enough time
and budget for
information
dissemination on the
OAVL as well as on
the candidates
running for election.
Reformat registration
forms into userfriendly forms to avoid
confusion.
THE PHILIPPINES:
A GLOBAL MODEL
ON LABOR MIGRATION?
Thoroughly check and
update the Certified
List of Overseas
133
THEME
OTHER
STAKEHOLDERS
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
NGO COMMUNITY
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
134
Work for the political
empowerment and
representation of
OFWs.
Migrant rights
advocates join other
sectors in the broad
movement against the
WTO and GATS such
Call or write respective as the Magkaisa: Junk
congressmen to
JPEPA Coalition; SNR support legislative
Stop the New Rounds
proposals to facilitate and Network Against
their passage.
ASEAN-EU FTA
Launch an information/
education campaign on
WTO, GATS Mode IV
and their impact on
migration among
governments and civil
society.
Coordinate and link
anti-WTO campaigns
to promote solidarity.
Pressure governments
to maintain their
commitments outside
the WTO e.g. to UN
and ILO conventions.
Invite the media to
public meetings in
communities or
activities involving
OFWs and families.
Lobby for the
immediate Senate
ratification of the ILO
Maritime
Convention.
THE PHILIPPINES:
A GLOBAL
MODEL
Seafarers’
ON LABOR MIGRATION?
representatives, NGOs
for seafarers should be
among the prime
135
OFWs and Migrant
families should prepare
physically, emotionally
and psychologically
when aspiring to work
abroad. Learn PDOS
by heart. Verify
recruitment agency
status with POEA,
validate job offer even
by relatives or friends
based abroad.
Do not sign blank
contracts or
documents. Do not
forge your medical
exam results, trade test
and other personal
documents.
Do not embrace Islam
as your religion if your
intention is only to
enter KSA for
employment
opportunities. Do not
involve in drug
trafficking. Respect all
religious and cultural
sensitivities of the host
country.
Get involved in
community and selfhelp projects of various
organizations in your
localities.
Get
actively
THE PHILIPPINES:
A GLOBAL
MODEL
involved in advocacies,
ON LABOR MIGRATION?
forums and seminars
protecting your rights,
welfare and well-being
136
THEME
CROSS-CUTTING
GOVERNMENT
THEMES
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
STATUS OF/ ACTION
TAKEN ON
RECOMMENDATIONS
137
Multilateral/ Negotiate bilateral
The Philippines
Bilateral
and multilateral
completed the process
Agreement agreements with labor of ratification of ILO
s
receiving countries for Convention 97 last April
the protection of the 2009.
rights and welfare of
migrant workers.
The Senate ratified
There is enough basis JPEPA and the ASEAN
in existing UN and
Charter.
ILO conventions /
international law for At present, the
this.
Philippines has signed
bilateral agreements
Initiate high-level
with 41 countries on the
bilateral negotiations recognition of Filipino
with northern
Seafarers’ certificates
countries importing
of training, enabling
Filipino health
their employment in
professionals similar these countries’
to the South Africa-UK shipping vessels.
and PolandNetherlands
The Philippines through
Agreement.
the Social Security
System (SSS) also
Forge bilateral/multi- forged bilateral social
lateral agreements. security agreements
(SSA’s) to ensure the
Lobby host states to portability of the
enact laws to protect workers’ social security
the rights of foreign contributions in their
workers.
host countries.
In summary the
Study the possibility of Philippines has forged
including in bilateral bilateral agreements
agreements the
including BLA’s with 56
establishment of
countries in the last 38
mechanisms to
years of labor
enforce
court
migration.
THE PHILIPPINES: A GLOBAL MODEL
judgment or to
ON LABOR MIGRATION?
138
implement provision The critique though is
of support to families that most of the
left behind.
bilaterals stress on
Information Recommendations
and
to DFA
Education Conduct nationwide
sustained and
coordinated
information campaign
on realities of
migration and roles of
different involved
agencies
Use more creative
approaches to
education/information
work. Also take the
OFWs’ perspective.
Coordinate issuebased campaigns
among different
involved agencies.
Include OFs / OFWs /
families in the conduct
of campaigns.
Mass production and
effective distribution of
popular, readerfriendly formatted,
English / Filipino /
indigenized education
and information
materials.
Clarify thematic areas
and core messages
particularly the
responsibilities
that go
THE PHILIPPINES:
A GLOBAL MODEL
with the rights of
ON LABOR MIGRATION?
migrants, distinguish
illegal recruitment,
trafficking and
139
PART IV Philippine Commitment to the Human Rights
of Migrant Workers and Their Families
A. United Nations Conventions and Declarations
Source:http://www2.ohchr.org/english/bodies/ratification/ind
ex.htm
Treaty/Convention
Universal Declaration of Human Rights
Convention on the Prevention and Punishment of the
Crime of Genocide
Convention on the Non-applicability of statutory
limitations to war crimes and crimes against humanity
International Convention on the Suppression and
Punishment of the Crime of Apartheid
International Convention Against Apartheid in Sports
International Covenant on Civil and Political Rights
(ICCPR)
Optional Protocol to the ICCPR
Second Optional Protocol to the ICCPR aiming at
abolition of Death Penalty
International Covenant on Economic, Social and
Cultural Rights (ICESCR)
International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD)
Amendments to Article 8 of the ICERD
Convention on the Rights of the Child (CRC)
Amendment to Article 43 (2) of the CRC
Optional Protocol to CRC on Involvement of Children
in Armed Conflict
Optional Protocol to the CRC on the sale of children,
child prostitution and child pornography
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
140
Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of
Others
Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Amendments to Articles 17 (7) and 18 (5) of the
Convention Against Torture
Optional Protocol to the Convention Against Torture
Convention Against Discrimination in Education
Adopted by the General Conference of the United
Nations Educational, Scientific and Cultural
Organization (UNESCO)
Declaration on the Human Rights of Individuals Who
Are not Nationals of the Country in Which They Live
Declaration on the Elimination of Discrimination
Against Women
Proclaimed by the GA Resolution 2263 (XXII)
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination Against
Women
Amendment to Article 20, par 1 of the CEDAW
International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families
Convention on the Rights of Persons with Disabilities
Optional Protocol to the CRPD
International Convention for the Protection of All
Persons from Enforced Disappearance
B. International Labor Organization Conventions
Source:http://www.ilo.org/ilolex/cgilex/pqconv.pl?host=status01&textbase=iloeng&querytype=
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
141
bool&hitdirection=1&hitstart=0&hitsrange=2000&sortmacro
=sortconv&query=Philippines@ref&chspec=19&
Treaty/ Convention
C17 – Workmen's Compensation (Accidents)
Convention
C19 – Equality of Treatment (Accident Compensation)
Convention
C23 – Repatriation of Seamen Convention
C29 – Forced Labour Convention
C53 – Officers' Competency Certificates Convention
C59 – Minimum Age (Industry) Convention (Revised)
C77 – Medical Examination of Young Persons
(Industry) Convention
C87 – Freedom of Association and Protection of the
Right to Organize Convention
C88 – Employment Service Convention
C89 – Night Work (Women) Convention (Revised)
C90 – Night Work of Young Persons (Industry)
Convention (Revised)
C93 – Wages, Hours of Work and Manning (Sea)
Convention (Revised)
C94 – Labour Clauses (Public Contracts) Convention
C95 – Protection of Wages Convention
C97 – Migration for Employment Convention (Revised
1949)
C98 – Right to organize and Collective Bargaining
Convention
C99 – Minimum Wage Fixing Machinery (Agriculture)
Convention
C100 – Equal Remuneration Convention
C105 – Abolition of Forced Labour Convention
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
142
Treaty/ Convention
C110 – Plantations Convention
C111 – Discrimination (Employment and Occupation)
Convention
C118 – Equality of Treatment (Social Security)
Convention
C122 – Employment Policy Convention
C138 – Minimum Age Convention
C141 – Rural Workers' Organizations Conventions
C142 – Human Resources Development Convention
C143 – Migrant Workers (Supplementary Provisions)
Convention
C144 – Tripartite Consultation (International Labour
Standards) Convention
C149 – Nursing Personnel Convention
C157 – Maintenance of Social Security Rights
Convention
C182 – Worst Forms of Child Labour Convention
A. Bilateral
Agreements
and
Understanding/ Undertaking132
Treaty/ Convention
Memoranda
Date Adopted/
Signed/ Entered into
Force
of
Status
132
Philippine Bilateral Labor Agreements, International
Labor Affairs Service, Department of Labor and Employment.
December 2006
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
143
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Indonesia MOU January 18, 2003/
Memorandum June 12, 2003 in Bali,
of
Indonesia; Valid for 5
Understanding years and
between the automatically renewed
Department of for similar periods
Labor and
unless terminated by
Employment either Party.
(DOLE) of the
Republic of the
Philippines
and the
Department of
Manpower and
Transmigration
of the Republic
of Indonesia
Concerning
Migrant
Workers
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
144
Treaty/ Convention
Date Adopted/
Signed/ Entered into
Force
RP-Laos MOU
July 27, 2005 in
Memorandum Vientiane, Laos
of
Understanding
on Technical
Cooperation
on Labor and
Employment
between the
Government of
the Republic of
the Philippines
and the
Government of
the Lao
People's
Democratic
Republic
RP-Papua New
March 14, 1979 in
Guinea MOU
Manila
Memorandum
of
Understanding
between the
Philippines
and Papua
New Guinea
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Status
For
ratification
Expired
145
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Korea MOU
April 23, 2004 in
Renewed
Memorandum Seoul / Renewed on
of
October 20, 2006/
Understanding Valid for two years;
between the may be amended or
Ministry of
extended as mutually
Labor of the decided upon in
Republic of
writing by both parties
Korea and the
Department of
Labor and
Employment of
the Republic of
the Philippines
on the Sending
of Workers to
the Republic of
Korea
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
146
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Korea EPS
October 20, 2006 in Until Oct
Memorandum Gwacheon City/ Two 20/08
of
years (until October
Understanding 20, 2008)
between the
Department of
Labor and
Employment of
the Philippines
and the
Ministry of
Labor of the
Republic of
Korea on the
Sending and
Receiving of
Workers to the
Republic of
Korea under
the
Employment
Permit System
(EPS)
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
147
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Taiwan MOU
January 12, 2001 in Renewed/
Memorandum Taipei/ Renewed on Active
of
March 20, 2003/
Understanding Renewed on March
on Special
20, 2006 / Valid for 2
Hiring Program years subject to
for Taiwan
extension by mutual
between the agreement by Parties
Manila
Economic and
Cultural Office
in Taipei and
the Taipei
Economic and
Cultural Office
in the
Philippines
RP-Bahrain MOU
December 14, 2003 in For
Memorandum Manama, Bahrain
ratification
of
Understanding
between the
Government of
the Philippines
and the
Government of
the Kingdom of
Bahrain on
Technical
Education
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
148
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Iraq MOA
November 25, 1982 in Expired
Memorandum Manila
of Agreement
relating to
Mobilization of
Manpower
Between the
Republic of
Iraq and the
Republic of the
Philippines
RP-Jordan MOU
November 5, 1981 in Expired
Memorandum Manila
of
Understanding
between the
Minister of
Labor and
Employment of
the Republic of
the Philippines
and the
Minister of
Labor of the
Hashemite
Kingdom of
Jordan
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
149
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Jordan BLA
November 3, 1988 in Expired
Agreement on Amman
Manpower
between the
Government of
the Republic of
the Philippines
and the
Government of
the Hashemite
Kingdom of
Jordan
RP-Kuwait MOU
September 14, 1997
Memorandum in Kuwait/ ratified on
of
October 27, 1997/
Understanding entered into on May
on Labor and 21, 1998/ valid for 4
Manpower
years and
Development automatically renewed
between the for the same period
Government of unless one of the
the Republic of parties expresses in
the Philippines writing the desire to
and the
terminate the
Government of Agreement
the State of
Kuwait
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
150
Treaty/ Convention
Date Adopted/
Signed/ Entered into
Force
August 10, 1985 in
Manila
Status
RP-Liberia MOU
Expired
RP-Liberia
Memorandum
of
Understanding
on
Employment of
Seafarers
RP-Libya MOU
July 17, 2006 in
Memorandum Tripoli/ Ratified
of
December 11, 2006/
Understanding Valid for 5 years and
between the shall be automatically
Government of renewed for the same
the Republic of period unless either of
the Philippines the two parties
and the Great requests termination
Socialist
thereof in writing
People's
through diplomatic
Libyan Arab channels
Jamahiriya
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
151
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Qatar BLA
March 10, 1997 in
Agreement
Doha/ Ratified by the
Between the Senate on March 4,
Republic of the 1999/ Valid for 3 years
Philippines
and thereafter
and the
renewed automatically
Government of for further periods,
the State of
unless either party
Qatar
notifies the other party
Concerning
in writing the desire to
Filipino
terminate the
Manpower in agreement at least 6
the State of
months prior to
Qatar
intended termination
date.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
152
Treaty/ Convention
RP-Saudi Arabia
MOU
Memorandum
of
Understanding
for
Cooperation in
the Field of
Technical
Vocational
Education and
Training
Between the
Government of
the Kingdom of
Saudi Arabia
and the
Government of
the Republic of
the Philippines
Date Adopted/
Signed/ Entered into
Force
October 1, 2005
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Status
For
ratification
153
Treaty/ Convention
RP-Norway
Agreement
Between
Philippines
Overseas
Employment
Administration
and Aetat (the
Directorate of
Labour,
Norway) on
Transnational
Cooperation
for Recruiting
Professionals
from the
Health Sector
to Positions in
Norway
Date Adopted/
Status
Signed/ Entered into
Force
June 26, 2001 in Oslo/ Expired
Valid until December
31, 2003; Renewal
agreement required at
least 3 months before
termination date
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
154
Treaty/ Convention
Date Adopted/
Signed/ Entered into
Force
RP-Spain
June 29, 2006 in
Memorandum Madrid
of
Understanding
on
Cooperation
for the
Management
of the
Migratory
Flows
Between the
Ministry of
Labor and
Social Affairs
of the Kingdom
of Spain and
the Ministry of
Labor and
Employment of
the Republic of
the Philippines
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Status
Active
155
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Switzerland
July 9, 2002 in
Agreement
Manila/Ratified by the
Between the Philippine
Government of Government on
the Republic of January 28, 2003 and
the Philippines entered into force on
and the Swiss June 10, 2003.
Federal
Council on the
Exchange of
Professional
and Technical
Trainees
RP-UK
January 6, 2002 in
Active
Recruitment London/ Valid for 3
Agreement
years and
between the automatically renewed
Government of unless one party
the Republic of decides to terminate
the Philippines the agreement
and the
Government of
the United
Kingdom of
Great Britain
and Northern
Ireland
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
156
Treaty/ Convention
Date Adopted/
Signed/ Entered into
Force
RP-UK MOU
July 30, 2003 in
Memorandum London/ Ratified on
of
March 9, 2004
Understanding
Between the
Republic of the
Philippines
and the United
Kingdom of
Great Britain
and Northern
Ireland on
Health Care
Cooperation
RP-CNMI MOU
September 14, 1994
Memorandum in Manila
of
Understanding
Between the
Department of
Labor and
Employment of
the Republic of
the Philippines
and the
Commonwealt
h of Northern
Mariana
Islands
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Status
Amended
157
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-CNMI Amended December 18, 2000 in Under review
MOU
Manila/ Valid for 1
Amended
year and automatically
Memorandum renewed year after
of
year unless one of the
Understanding parties expresses in
Between the writing the desire to
Department of terminate the
Labor and
Agreement
Employment of
the Republic of
the Philippines
and
Department of
Labor and
Immigration of
the
Commonwealt
h of Northern
Mariana
Islands
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
158
Treaty/ Convention
RP-US BLA
Agreement
Between the
Government of
the Republic of
the Philippines
and the
Government of
the United
States of
America
Relating to the
Recruitment
and
Employment of
Philippine
Citizens by the
United States
Military Forces
and
Contractors of
the Military
and Civilian
Agencies of
the United
States
Government in
Certain Areas
of the Pacific
and Southeast
Asia
Date Adopted/
Status
Signed/ Entered into
Force
December 28, 1968 in Expired
Manila
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
159
Treaty/ Convention
RP-US MOA
Agreement
Between the
Republic of the
Philippines
and the United
States of
America on
Employees'
Compensation
and Medical
Care
Programs
Date Adopted/
Signed/ Entered into
Force
March 10, 1982 in
Manila
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Status
Expired
160
Treaty/ Convention
Date Adopted/
Status
Signed/ Entered into
Force
RP-Saskatchewan
December 18, 2006/
MOU
Valid for 2 years,
Memorandum automatically renewed
of
for similar periods
Understanding unless one Participant
Between the expresses in writing
Department of its intention to
Labor and
terminate or
Employment renegotiate the MOU
and Her
before the expiration
Majesty the
of the first 2 years
Queen in the
Right of the
Province of
Saskatchewan
as represented
by the Minister
Responsible
for Immigration
and the
Minister of
Advanced
Education and
Employment
(AEE)
Concerning
the
Cooperation in
the Fields of
Labor,
Employment
and Human
Resource
Development
THE PHILIPPINES:
A GLOBAL MODEL
ON LABOR MIGRATION?
161
D. Agreements Concerning Recognition of Seafarers'
Training Certificates133
The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978 (STCW
Convention) prescribes minimum standards in training,
certification and watchkeeping for seafarers, which
countries that are party to the Convention are required to
meet or acceed to. An amendment to the Convention in
1995 added regulations for the recognition of seafarers
certificates. This regulation states that a written undertaking
between the flag state (the country whose nationals own
the ships) and the certificate-issuing party/state (the country
whose seamen's certificates are being recognized) need to
be agreed upon to allow seafarers from the certificateissuing party to work on board the flag-state ships.
Treaty/ Convention
133
Date Adopted/ Status
Signed/ Entered
into Force
Ibid.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
162
Treaty/ Convention
RP-Australia
Undertaking
between the
Government of the
Republic of the
Philippines and the
Government of
Australia Concerning
the Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention as
amended
Date Adopted/ Status
Signed/ Entered
into Force
June 21, 2002 in For
Manila
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
163
Treaty/ Convention
A.
Date Adopted/ Status
Signed/ Entered
into Force
August 23, 2001
RP Brunei MOU
in Bandar Seri
Undertaking
Begawan/
between the
Government of the Entered into
force on March
Republic of the
Philippines and the 12, 2002
Government of His
Majesty the Sultan
and Yang DiPertuan of Brunei
Darussalam
Concerning the
Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention as
amended, of
Seafarers for
Service on Vessels
Registered in Brunei
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
164
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
RP-Cambodia MOU
October 14,
Memorandum of
2002 in Manila/
Undertaking
October 22,
between the Ministry 2003
of Public Works and
Transport of the
Kingdom of
Cambodia and the
Maritime Training
Council of the
Republic of the
Philippines on
Recognition of
Training and
Certification for
Seafarers
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
165
Treaty/ Convention
RP-Hong Kong MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Hong
Kong-Registered
Ships between the
Department of Labor
and Employment on
behalf of the
Government of the
Republic of the
Philippines and the
Marine Department
on Behalf of the
Government of the
Hong Kong Special
Administrative
Region of the
People's Republic of
China
Date Adopted/ Status
Signed/ Entered
into Force
October 29,
2001 in Hong
Kong/ February
26, 2002
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
166
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
September 16,
2002/ Ratified on
June 2, 2003
RP-Indonesia MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Board
Indonesia Flagged
Vessels between the
Directorate General
of Sea
Communication on
Behalf of the
Republic of
Indonesia and the
Maritime Training
Council on Behalf of
the Government of
the Philippines
RP-Japan MOU
January 21,
Undertaking on the 2000/ August 17,
recognition of
2004
Certificates under
Regulation 1/10 of
the IMO STCW –
through a Note
Verbale issued by
CDA (Charge
D'Affaires) Hideaki
Asahi, Embassy of
Japan in Manila
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
167
Treaty/ Convention
RP-Korea MOU
Korea: An
Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on KoreanFlagged Vessels
between Shipping
and Logistics
Bureau, Ministry of
Maritime Affairs and
Fisheries, on behalf
of the Republic of
Korea and Maritime
Training Council on
Behalf of the
Republic of the
Philippines
Date Adopted/ Status
Signed/ Entered
into Force
October 3, 2005 For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
168
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
July 31, 2002
For
ratification
RP-Malaysia MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Malaysia
Flagged Vessels
between the
Maritime
Department of
Malaysia and
Maritime Training
Council of the
Republic of the
Philippines
RP-Mongolia MOA
June 12, 2003/
Memorandum of
October 9, 2003
Agreement on the
Recognition of
Training and
Certification of
Seafarers between
the Government of
Mongolia and the
Republic of the
Philippines
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
169
Treaty/ Convention
RP-Singapore MOU
Undertaking
Between the
Government of the
Republic of the
Philippines and the
Government of the
Republic of
Singapore
Concerning the
Recognition of
Certificates under
Regulation 1/10 of
STCW 1978 as
amended
Date Adopted/ Status
Signed/ Entered
into Force
August 25, 2001
in Singapore/
April 15, 2002
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
170
Treaty/ Convention
RP-Eritrea MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Eritrean
Flagged Vessels
between the
department of
Maritime Transport
of the Ministry of
Transport and
Communication of
the State of Eritrea
and Maritime
Training Council
(MTC), Republic of
the Philippines
Date Adopted/ Status
Signed/ Entered
into Force
April 17, 2006
For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
171
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
November 10,
2002/ April 2,
2004
RP-Kuwait MOU
Memorandum of
Understanding on
the Recognition of
Certificates of
Competency and
Training of
Seafarers for
Service Onboard
Vessels registered in
State of Kuwait
between the
Government of the
State of Kuwait and
the Government of
Philippines
RP-Liberia MOU
June 5, 2002
Undertaking
Between the
Government of the
Republic of the
Philippines and the
Government of the
Republic of Liberia
Concerning the
recognition of
Certificates Under
regulations 1/10 of
the 1978 STCW
Convention as
amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
For
ratification
172
Treaty/ Convention
RP-Qatar MOU
Memorandum of
Understanding
Between the
Government of the
State of Qatar and
the Government of
Philippines
Concerning Mutual
Recognition of
Certificates in
accordance with the
international
convention on
standard of training
certification and
watch keeping for
seafarers
Date Adopted/ Status
Signed/ Entered
into Force
August 9, 2006 For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
173
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
June 1, 2006
For
ratification
RP-South Africa MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers between
the Maritime
Training Council
(MTC) and the
South African
Maritime Safety
Authority (SAMSA)
(Recognition of
South African
Seafarer
Qualifications)
RP-Belgium MOU
June 12, 2003/
Undertaking for the December 30,
Recognition by the 2003
Government of the
Kingdom of Belgium
of Certificates of
Competency Issued
by the Government
of the Republic of
the Philippines
under regulation 1/1of the 1978 STCW
Convention, As
amended
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ON LABOR MIGRATION?
174
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
RP-Cyprus MOU
September 13,
Undertaking for the 2001 in Manila/
recognition by the August 28, 2003
Government of the
Republic of Cyprus
of Certificates of
Competency issued
by the Competent
authorities of the
Republic of the
Philippines in
accordance with the
Regulation 1/10 of
the International
Convention on
Standards of
Training,
Certification and
Watchkeeping for
Seafarers, 1978 as
amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
175
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
May 6, 2003
For
ratification
RP-Georgia MOU
An Undertaking
concerning the
recognition of
training and
certification for
seafarers between
Maritime Transport
Administration of
Georgia on behalf of
the Government of
Georgia and
Maritime Training
Council on behalf of
the Government of
the Philippines
RP-Greece
March 12, 2003/
Bilateral Undertaking July 22, 2003
between the
Government of the
Hellenic Republic
and the Government
of the Republic of
the Philippines
Concerning the
Recognition of
Certificates Pursuant
to Regulation 1/10 of
the 1978 STCW
Convention, As
amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
176
Treaty/ Convention
RP-Ireland MOA
Memorandum of
Agreement on the
Recognition of
Training and
Certification of
Seafarers between
the Republic of the
Philippines as
represented by the
Maritime Training
Council and the
Government of
Ireland as
represented bu the
Department of
Communications,
Marine and Natural
Resources
Date Adopted/ Status
Signed/ Entered
into Force
April 25, 2003
For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
177
Treaty/ Convention
RP-Isle of Man MOU
An Undertaking in
accordance with
Regulation 1/10
paragraph 1.2 of the
International
Convention on
Standards of
Training,
Certification and
Watchkeeping for
Seafarers, 1978, as
amended in 1995
concerning the
Recognition of
certification issued
to seafarers by the
Government of the
Republic of the
Philippines for
service in ships
registered in the Isle
of Man, and made
between the Isle of
Man Marine
Administration, a
Division of the
Department of Trade
and Industry of the
Isle of Man and the
Maritime Training
Council for the
Government of the
Philippines
Date Adopted/ Status
Signed/ Entered
into Force
January 11,
For
2002
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
178
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
April 24, 2002
For
ratification
RP-Italy MOU
Memorandum of
Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Italy
Flagged Vessels
Between the
Philippine
Administration and
the Italy
Administration
RP- Luxembourg MOA
June 28, 2002
Memorandum of
Agreement on the
Certificates of
Competency and
Training of
Seafarers for
Service on board
vessels registered in
Luxembourg
between the
Maritime Training
Council of the
Philippines and the
Commissariat aux
Affaires Maritimes of
Luxembourg
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
For
ratification
179
Treaty/ Convention
RP-Malta MOU
Undertaking
between the
Government of the
Republic of the
Philippines and the
Government of
Malta Concerning
the Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention, as
amended
RP-Netherlands MOU
Undertaking
between the
Kingdom of
Netherlands and the
Republic of the
Philippines on the
Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention
Date Adopted/ Status
Signed/ Entered
into Force
January 11,
For
2002
ratification
May 31, 2001 in
Manila/
February 11,
2002
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
180
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
November 19,
2001/ January
22, 2002
RP-Norway MOU
Undertaking
between the
Government of the
Republic of the
Philippines and the
Government of
Norway Concerning
the Recognition of
Certificates Under
Regulation 1/10 of
the 1978 STCW
Convention, as
Amended
RP-Poland MOU
September 2,
Undertaking
2004/ March 8,
between the Polish 2005
Maritime
Administration and
the Maritime
Training Council
Concerning the
Recognition of
Certificates Under
Regulation 1/10 of
the 1978 STCW
Convention, as
Amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
181
Treaty/ Convention
RP-Sweden MOA
Undertaking
between the
Swedish Maritime
Administration and
the Maritime Council
of the Republic of
the Philippines
Concerning the
Recognition of
Certificates under
Regulation 1/10 of
the STCW
Convention
Date Adopted/ Status
Signed/ Entered
into Force
January 29,
For
2002
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
182
Treaty/ Convention
RP-Switzerland MOA
Memorandum of
Agreement on the
Recognition of
Certificates of
Competency and
Training of
Seafarers for
Service on Board
Vessels Registered
in Switzerland
between the Swiss
Maritime Navigation
Office on behalf of
the Government of
Switzerland and the
Maritime Training
Council on behalf of
the Republic of the
Philippines
Date Adopted/ Status
Signed/ Entered
into Force
March 28, 2005 For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
183
Treaty/ Convention
RP-Ukraine MOU
Memorandum of
Understanding
between the
Maritime Training
Council of the
Republic of the
Philippines and the
Ministry of Transport
of Ukraine on the
Recognition of
Certificates pursuant
to Regulation 1/10 of
the International
Convention on
Standards of
Training,
Certification and
Watchkeeping for
Seafarers, 1978, as
amended in 1995
Date Adopted/ Status
Signed/ Entered
into Force
September 2,
2004/ April 2005
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
184
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
December 12,
2001/ August 8,
2003
RP- Antigua and Barbuda
MOU
Undertaking
between the
Government of the
Republic of the
Philippines and the
Government of
Antigua and
Barbuda Concerning
the Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention, as
Amended
RP- Bahamas MOU
September 10,
Undertaking
2001/ February
between the
18, 2002
Government of the
Republic of the
Philippines and the
Government of
Bahamas
Concerning the
Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention, as
Amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
185
Treaty/ Convention
RP- Barbados MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Board
Vessels Registered
in Barbados
between the
Principal Registrar
Barbados Ships'
Registry on behalf of
the Government of
Barbados and the
Maritime
Administration of the
Philippines
Date Adopted/ Status
Signed/ Entered
into Force
April 22, 2002 /
August 4, 2003
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
186
Treaty/ Convention
RP- Belize MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Board
Vessels Registered
in Belize between
the International
Merchant Marine
Registry of Belize on
behalf of the
Government of
Belize and Maritime
Training Council on
Behalf of the
Government of the
Philippines
Date Adopted/ Status
Signed/ Entered
into Force
June 17, 2002 For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
187
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
April 25, 2003/
September 15,
2003
RP- Dominica MOA
Memorandum of
Agreement on the
Recognition of
Training and
Certification of
Seafarers between
the Commonwealth
of Dominica as
represented by the
Office of Maritime
Affairs and Marine
Personnel and the
Republic of the
Philippines as
represented by the
Maritime Training
Council
RP- Jamaica
April 21, 2005
Recognition of
Certificates under
the Terms of the
1978 International
Convention on
Standards of
Training,
Certification and
Watchkeeping for
Seafarers, as
Amended in 1995
(Recognition of
Philippine
Certificates)
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
For
ratification
188
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
RP- Marshall Islands MOU October 8, 2001
An Undertaking
/ August 4, 2003
between the
Government of the
Republic of the
Philippines and the
Government of the
Republic of Marshall
Islands Concerning
the Recognition of
Certificates under
Regulation 1/10 of
the 1978 STCW
Convention, as
Amended
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
189
Treaty/ Convention
RP- Panama MOA
An Agreement
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Board
Vessels Registered
in the Republic of
Panama between
the Administrator of
the Panama
Maritime Authority
(AMP) on behalf of
the Republic of
Panama and the
Maritime Training
Council on behalf of
the Philippines
Date Adopted/ Status
Signed/ Entered
into Force
July 26, 2002
For
ratification
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
190
Treaty/ Convention
RP- St. Vincent and the
Grenadines MOU
An Undertaking
Concerning the
Recognition of
Training and
Certification of
Seafarers for
Service on Board
Vessels Registered
in St. Vincent and
the Grenadines
Maritime
Administration on
behalf of the
Government of St.
Vincent and the
Grenadines and
Maritime Training
Council on Behalf of
the Government of
the Philippines
Date Adopted/ Status
Signed/ Entered
into Force
July 28, 2005
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
191
Treaty/ Convention
RP- Vanuatu MOU
Undertaking
between the
Government of the
Republic of the
Philippines and the
Government of the
Republic of Vanuatu
Concerning the
Recognition of
certificates under
regulation 1/10 of
the 1978 STCW
Convention as
amended
Date Adopted/ Status
Signed/ Entered
into Force
September 26, For
2001
ratification
E. Agreements on Social Security134
Treaty/ Convention
RP- Korea
Agreement on Social
Security between the
Government of the
Republic of the
Philippines and the
Government of the
Republic of Korea
134
Date Adopted/ Status
Signed/ Entered
into Force
December 15, For
2005
ratification
Ibid.
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
192
Treaty/ Convention
RP- Austria
Convention between
the Republic of the
Philippines and the
Republic of Austria in
the Field of Social
Security
RP- Belgium
Convention on Social
Security between the
Republic of the
Philippines and the
Kingdom of Belgium
RP- France
Convention on Social
Security between the
Government of the
Republic of the
Philippines and the
Government of the
French Republic
RP- Netherlands
Agreement between
the Republic of the
Philippines and the
Kingdom of the
Netherlands on the
Export of Social
Insurance Benefits
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
Date Adopted/ Status
Signed/ Entered
into Force
December 1,
1980/ April 1,
1982
December 7,
2001/ August 1,
2005
February 7,
1990/
November 1,
1994
April 10, 2001/
November 26,
2001
193
Treaty/ Convention
Date Adopted/ Status
Signed/ Entered
into Force
RP- Spain
May 21, 1988/ Expired
Convention on Social Expired on
Security between
November 12,
Spain and the
2002
Philippines
RP- Switzerland
September 17,
Agreement on Social 2001 / March
Security between the 1, 2004
Republic of the
Philippines and the
Swiss Confederation
RP – Canada
September 9,
Agreement on Social 1994/ March 1,
Security between the 1997
Republic of the
Philippines and
Canada
RP-Quebec
October 22,
Understanding on
1996/
Social Security
November 1,
between the Republic 1998
of the Philippines and
Quebec
F. Philippine Laws and Policies that Affect OFWs and
Overseas Filipinos
Policies, Legal Rights and Access to Justice
 Republic Act 2468 was the first law passed by the
Philippine legislature in 1915 related to overseas
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
194
employment. This law essentially provided rules on
license issuance, license fee and welfare
regulations. It includes provisions which prohibit
minors to work abroad without the parent’s written
consent, prohibit the recruitment of non-Christians
for exhibition or display and provide for
transportation for returning workers who are
physically unfit or have finished serving the contract.
The law became the basis of the Government’s
policy on overseas employment from 1915 up to the
advent of the Labor Code of the Philippines
 1987 Philippine Constitution
 Labor Code of the Philippines (Presidential Decree
442)
 PD 1412 Amendment to the Labor Code
 RA 8042 (1995, Migrant Workers and Overseas
Filipinos Act of 1995)
 RA 9189 (2003, Overseas Absentee Voting Act of
2003)
 RA 6768 (Balikbayan Law)
 RA 8179 (Amended Foreign Service Act of 1991)
 Republic Act No. 7157, Foreign Service Act of 1991
 RA 9422 repealed Sections 29 and 30 of RA8042
and strengthen regulatory powers of POEA (2007)
 Administrative Order AO 247 (Full blast market
development efforts for jobs overseas)
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
195
 Executive Order 126 Reorganizing the Ministry of
Labor and Employment
Anti-Illegal recruitment and Human Trafficking

RA 6955 (1990, Anti-Mail Order Bride Law--An Act to
Declare Unlawful the Practice of Matching Filipino
Women for Marriage to Foreign Nationals on a MailOrder Basis and Other Similar Practices)

RA 9208 (2003, Anti-trafficking in Persons Act of
2003)

Executive Order No. 220, Creating an Executive
Council to Suppress Trafficking in Persons,
Particularly Women and Children (2000)

Executive Order 759, Task Force Against Illegal
Recruitment
Registration, Documentation and Information
 RA 9225 (2003, Citizenship Retention and Reacquisition Act of 2003)

RA 8171 (Re-acquisition of Philippine Citizenship by
Filipino women who lost their citizenship by marriage
to aliens)

RA 8239 (Philippine Passport Act of 1996) (being
amended)
THE PHILIPPINES: A GLOBAL MODEL
ON LABOR MIGRATION?
196

Executive Order No. 203, Establishing an InterAgency Committee on the Shared Government
Information System for Migration (SGISM) (2000)

Joint Circular 4 by POEA-OWWA on Transfer of
PDOS from POEA to OWWA

MC 3 Compulsory PDOS

MC 82 – Guidelines on accreditation of NGOs for
PDOS

Memo of Instruction 13 by OWWA on policies and
guidelines for managing PDOS
Recruitment and Placement Fees

POEA MC 13 – Guidelines on the Deployment of
Filipino Caregivers to Israel

MC 18 – Israeli government prohibits Israeli
agencies from collecting placement fees


MC 14 –Placement fee ceiling
MC 16 -Placement Fee policy

MC 03 – Placement Fee Policy for Canada

MC 04 – New hiring guidelines for Taiwan-bound
workers
Financial Services and Remittance

RA 8179 (Amended RA 7042) –An Act to further
liberalize foreign investments
THE PHILIPPINES: A GLOBAL MODEL
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
RA 7942 Foreign Investments Act

RA 8762 (Retail Trade Liberalization Act of 2000)

RA 8424 (Tax Reform Act of 1997)

PD 1183 (Travel Tax (and Exemption))

PD 1867 (Amendment to PD 1183 to further
increase travel tax)

Batas Pambansa 185 (Laws on Land Ownership by
Overseas Filipinos)

Administrative Order 248
Livelihood Support Programs)

RA 7111- Overseas Workers Investment Fund

EO 857 Mandatory Remittance

EO 935 Amendment to EO 857
(Filipino
Expatriate
Children

RA 8043 (Inter-Country Adoption Act of 1995

RA 8552 (Domestic Adoption Act of 1998)

RA 7610 (Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act)
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
RA 9231 (Eliminating the Worst Forms of Child
Labor)
Monitoring and Assistance by Sending Countries
Letter of Instruction --LOI 537 Creation of OWWA
Presidential
Decree
1694
–Organization
Administration of the Welfare Fund of OWWA
and
PD 1809 –Amending certain provisions of PD 1694
OWWA Omnibus Policies
Executive Order 446 -Tasking the DOLE Secretary
to Oversee and Coordinate the implementation of
various initiatives for OFWs
Executive Order No. 252, Establishing the InterAgency Committee on Philippine Schools Overseas,
Defining its Composition, Structure and Functions
(2000)
Executive Order 195 –Medicare for OFWs
Philippine Seafarers One-Stop Center at POEA
Executive Order (EO) 392, Transfer of OFW
Medicare from OWWA to Philhealth amending EO
182 of February 14, 2003, December 2005
Executive Order 582, Transferring Authentication of
Documents from Office of President to Department
of Foreign Affairs
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G. UN CMW Concluding Observations.
UNITED
NATIONS
CMW
Distr.
GENERAL
ADVANCE UNEDITED
VERSION
CMW/C/PHL/CO/1
1 May 2009
Original:
ENGLISH
COMMITTEE ON THE PROTECTION OF THE
RIGHTS OF ALL MIGRANT WORKERS AND
MEMBERS OF THEIR FAMILIES
Tenth Session, 20 April – 1 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY
STATES PARTIES UNDER ARTICLE 74 OF THE
CONVENTION
Draft Concluding observations of the Committee on the
Protection of the Rights of All Migrant Workers and
Members of Their Families
THE PHILIPPINES
1. The Committee considered the initial report of
Philippines (CMW/C/PHL/1) at its 105th and 107th
meetings (see CMW/C/SR105 and SR107), held on
23 and 24 April 2009, and adopted the following
concluding observations at its 114th meeting, held
on 30 April 2009
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A. Introduction
2. The Committee, while regretting the delay in
submission of the State party’s initial report,
welcomes the receipt of the report as well as the
replies to the list of issues. The Committee
appreciates the constructive and fruitful dialogue
with a competent, high-level delegation, which built
on the report and the written responses to the list of
issues giving more specific information on questions
of both a legal and practical nature concerning the
implementation of the Convention.
3. The Committee recognizes that the Philippines is
mainly a country of origin with a large number of
migrant workers overseas.
4. The Committee notes the fact that many of the
countries employing Filipino migrant workers are not
yet parties to the Convention, which may constitute
an obstacle to the enjoyment by those workers of
the rights to which they are entitled under the
Convention.
B. Positive aspects
5. The Committee notes with appreciation the State
party’s commitment to migrant workers’ rights, as
illustrated by the national constitutional, legislative,
judicial, and administrative frameworks that include
several institutional mechanisms.
6. The Committee appreciates that the State party
considers the issue of migration as a priority in its
domestic and foreign policy agenda.
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7. The Committee also notes with appreciation the
active role that the Philippines is playing to promote
the ratification of the Convention by countries of
origin, transit and destination.
8. The Committee also welcomes the active role of the
Philippines in regional efforts to combat trafficking in
persons, especially within ASEAN.
9. The
Committee further welcomes the recent
ratification of, or accession to, the following
instruments:
a) The United Nations Convention on the Rights
of Persons with Disabilities;
b) Optional Protocols to the Convention on the
Rights of the Child on The Involvement of
Children in Armed Conflict and the sale of
children,
child
prostitution
and
child
pornography;
c) The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and
Children, and the Protocol against the
Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention
against Transnational Organized Crime;
d) And the ILO
Migration for Employment
Convention (Revised), 1949 (No. 97) and
Migrant Workers Convention (Supplementary
Provisions), 1975 (No. 143) , making the
Philippines one of only a few states to have
ratified all the treaties relating to the rights of
migrant workers.
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10.The Committee welcomes the bilateral social security
agreements concluded by the State party in so far as
such agreements promote the rights of migrant workers
and members of their families.
11.The Committee notes the important role civil society
plays as a partner in implementing the provisions of the
Convention.
C. Factors and Difficulties
12.The Committee acknowledges that the geography of the
thousands of islands in the State party makes it
challenging to effectively monitor the movement of
people and control borders to prevent irregular
migration and to safeguard the rights of all migrant
workers.
D. Principal subjects of concern, suggestions and
recommendations
13.The Committee notes with interest the multitude of
initiatives and programmes undertaken by the State
party in response to challenges faced in its labour
migration policy. At the same time, the Committee is
concerned that implementation, follow-up and
evaluation of these programmes are insufficient.
14.The Committee recommends proper follow-up
procedures as well as clear measurable and timebound targets in order to facilitate tracking their
implementation.
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15.The Committee welcomes the information given by the
State party’s delegation on the labour migration policy
and, in particular, its efforts to ensure that Filipino
migrant workers are only deployed to countries where
their rights are respected. However, the Committee is
concerned that State party’s policies, especially through
Administrative Order Nos. 247 and 248, 2008 and 2009
respectively, would seem to be aimed at the promotion
of foreign employment of migrant workers.
16.The Committee recommends that the State party
review its labour migration policy in order to give
primary importance to human rights of migrant
workers, in line with the State party’s own
professed goal as set out in RA 8042.
1. General measures of implementation (arts. 73 and
84)
Legislation and application
17.The Committee notes that the Philippines has not yet
made the declarations provided for in articles 76 and 77
of the Convention recognizing the competence of the
Committee to receive communications from States
parties and individuals.
18.The Committee encourages the State party to
consider making the declarations provided for in
articles 76 and 77 of the Convention.
Data collection
19.The Committee notes with interest the statistics
provided by the State party but is concerned at the
paucity of information measuring stock and flows of
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Filipino migrant workers. The Committee regrets that
the Inter-Agency Committee on the Shared Government
Information System on Migration (SGISM) foreseen to
be established by Executive Order is yet to be
implemented. Further the Committee notes with regret
the scarce information concerning the number of
Filipino migrants abroad, their skills and employment,
accurate data on returnees, second and third
generation Filipinos overseas, and the little information
relating to foreign migrant workers in the State party.
20.The
Committee recalls that reliable, quality
information is indispensable to understand the
situation of migrant workers in the State party, to
assess the implementation of the Convention and to
develop adequate policies and programs. In this
regard, the Committee encourages the State party
to:
a. Establish
the
Shared
Government
Information System on Migration (SGISM)
as a harmonized database, in line with
the Convention including disaggregated
data, as a tool for a more effective labour
migration policy and the application of
the provisions of the Convention.
b. Strengthen collaboration with Philippine
Embassies and Consulates for improving
data collection.
c. Adopt a harmonized mechanism for
gathering statistics on irregular migrants
including through studies or estimated
assessments
when
information
is
insufficient.
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d. Continue
collaboration with relevant
partners on analysis and interpretation of
statistical data and flow.
e. Ensure an adequate allocation of funds
for the above purposes.
Training in and dissemination of the Convention
21.The Committee notes with interest that informational
and educational materials on the Convention have been
developed by the State party as well as by NGOs.
However, the Committee is concerned that from the
information received, the target groups for whom
training programmes and material were developed
remain unclear as well as how the dissemination of the
Convention was carried out. The Committee notes that
pre-departure seminars and orientation for Filipino
workers promote the rights under the Convention but
regrets that little information was provided on any
existing assessments of the effectiveness of these
sessions.
22.The Committee encourages the State party to:
a. Carry out an evaluation of ongoing
training programmes and information
campaigns to ensure their effectiveness
and impact on public officials working in
the area of migration, including consular
officials, border police officers, social
workers, judges and prosecutors.
b. Ensure orientation and pre-departure
seminars for migrant workers with clear
objectives, country-specific information
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and nationwide outreach using the rightsbased approach.
c. Work with civil society organizations and
other relevant partners to disseminate
information on migrants’ rights under the
Convention and accurate information to
Filipino workers considering migrating
abroad. Similarly, take measures to
partner with the media.
d. Ensure the sufficient allocation of funds
for training and- in collaboration with
relevant
partners,
including
Nongovernmental
organizations
(NGOs)carry out capacity building training for
the government agencies handling
migration issues, such as the Overseas
Workers
Welfare
Administration,
Philippine
Overseas
Employment
Agency, and the Department of Foreign
Affairs.
2. General principles (arts. 7 and 83)
Non-discrimination
23.The Committee notes with interest that the principle of
non-discrimination exists de jure in the Philippine
Constitution, RA 8042, as well as a number of
legislative measures. The Committee is concerned
however, that, in practice, foreign workers in the
Philippines are granted rights only under certain
conditions, such as reciprocity, which may not be in line
with the Convention.
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24.The Committee reiterates that the exercise of human
rights is not based on the principle of reciprocity
and recommends that the State party take the
necessary steps to align its domestic legislation
with the Convention.
25.Regarding Filipino workers abroad, the Committee
notes the role of the Department of Foreign Affairs and
the activities of the Legal Assistant for Migrant Workers’
Affairs to pursue the rights on behalf of Filipino migrant
workers, in case individual complaints are legally
impossible. Moreover, the Committee notes with
interest the Legal Assistance Fund that has been
established for Filipino migrant workers but regrets that
no sufficient information was provided regarding the
issues that were dealt with and in which countries.
26.The Committee recommends that the State party
continue its efforts to:
a. Continue and strengthen its activities to
provide legal assistance
migrant workers
to
Filipino
b. Inform Filipino migrant workers of the
administrative and judicial remedies
available to them through the Department
of Foreign Affairs.
3. Human rights of all migrant workers and
members of their families (arts. 8-35)
27.While noting with appreciation the activities undertaken
by the National Commission on the Role of Filipino
Women (NCRFW) and the national legislation enacted
to improve the situation of migrant Filipino women, the
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Committee notes with interest the prominent numbers of
female migrant workers. Moreover, the Committee - like
the Committee on Cultural, Economic and Social
Rights- notes with concern that women are most often
employed in gender-specific industries such as care
givers, entertainers and domestic workers where they
are vulnerable to physical, sexual, and verbal abuse,
unpaid/delayed/underpaid wages, and may face
inequitable working conditions.
28.The Committee urges the State party to continue its
efforts to promote the enhancement and
empowerment of migrant women facing situations
of vulnerability by inter alia:
a. Conducting a thorough assessment of
the situation and taking concrete
measures to address the feminization of
migration comprehensively in its labour
migration policies, including income of
women in the informal sector, and
minimal social protection for women.
b. Negotiating more secure employment
opportunities and terms and conditions
for women in vulnerable sectors through
bilateral agreements in those countries
where discriminatory treatment and
abuse are more frequent;
c. Carrying
out gender training and
sensitisation for government staff dealing
with migration issues, in particular those
providing legal and consular assistance
to Filipino nationals abroad seeking
justice against abuse in the workplace;
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d. Implementing the outcome document of
the Manila Call to Action as a tool for
informed policy decision-making and
advocacy.
e. Liaising with local and international
partner networks to provide services and
support to migrants and to advocate for
migrants’ rights.
29.The Committee is concerned about the documented
cases where embassy/consulate personnel abroad did
not properly assist their nationals because the former
were not sufficiently aware of processes in the host
country. While noting the information provided by the
delegation on the alternative dispute settlement
mechanism, the Committee is concerned at information
that Filipino migrants are unwilling to file cases of abuse
by their employers abroad for lack of trust in the justice
system or fear of retaliation and unfamiliarity with the
redress possibilities.
30.The Committee recommends that the State party:
a. Ensure that consular services respond
effectively to the need for protection of
Filipino migrant workers and members of
their families;
b. Take
measures to ensure that its
embassy and consulate staff abroad are
knowledgeable about the laws and
procedures
of
the
countries
of
employment of Filipino foreign workers,
especially in those countries categorized
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as “highly problematic” by the DFA and
the DOLE.
c. Undertake
regular performance and
financial audits of government personnel
and agencies dealing with migration
issues and their progress monitored.
31.The Committee notes with concern that, despite the
State party’s efforts to protect the rights of Filipino
migrant workers abroad, abuse and exploitation
continue, especially towards women migrants and that
these are underreported.
32.The Committee recommends that State party:
a. Conduct
a review of bilateral and
multilateral agreements, Memoranda of
Understanding
or
other
protective
measures with countries of employment
of Filipino foreign workers;
b. In case that no bilateral agreement can be
finalized,
continue
cooperation
arrangements with countries receiving
Filipino migrant workers in areas of
mutual concern;
c. Increase
dissemination channels to
increase awareness among migrant
workers, especially women in domestic
service, on the available mechanisms for
bringing complaints against employers
and so that all abuses, including illtreatment, be investigated and punished;
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d. Provide adequate assistance through
embassy and consulate staff abroad to
migrant
workers
victims
of
the
“sponsorship”
or
kafalah
system
especially for women domestic workers
and most notably in the Gulf countries
and endeavour to negotiate a reform or
review of such a system with the relevant
countries of destination.
Part IV. Other rights of migrant workers and
members of their families who are documented or in
a regular situation (arts. 36-56)
33.The Committee is concerned about the fact that
restrictions exist on the exercise of foreign migrant
workers lawfully residing in the Philippines to engage
directly or indirectly in trade union activities, as this right
is only recognized for those migrant workers who are
lawfully residing and working in the Philippines if they
are nationals of a country which grants the same or
similar rights to Filipino workers. The Committee is
concerned that holding the right to join and establish a
trade union subject to reciprocity is in violation of the
Convention.
34.The Committee reiterates the 2008 request by the
ILO Committee of Experts on the Application of
Conventions and Recommendations in relation to
ILO Convention No. 87 concerning Freedom of
Association and Protection of the Right to Organise
that the State party take the necessary measures,
including legislative amendments to sections 269
and 272(b) of the Labour Code, to guarantee to all
migrant workers and members of their families
lawfully residing within the Philippines the right to
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join, form and to form part of the leadership of,
associations and unions, in accordance with article
40 of the Convention on Migrant Workers, as well as
with ILO Convention No. 87, not subject to
reciprocity.
35.The Committee appreciates that the Filipino migrant
workers’ right to participate in democratic decisionmaking processes is recognized under RA 8042. While
also noting the efforts undertaken by the State party to
facilitate the participation of migrant workers abroad in
elections for President, Vice-President, Senators and
Party-list representatives, the Committee is concerned
that the pre-required “affidavit of Intent to Return to the
Philippines within 3 years” for immigrants/permanent
residents abroad may limit the exercise of their right to
vote. Further, the Committee is concerned at the very
small percentage of Filipino workers abroad that have
registered to vote in elections.
36.The Committee encourages the State party to
continue its efforts to:
a. Encourage Filipino workers abroad to
register and participate in elections;
b. Maintain a register of overseas voters
and take additional steps to facilitate the
exercise of voting rights by Filipino
migrant workers residing abroad.
c. Invite
the Philippine Congress to
consider the proposals to amend RA
9189 to delete the requirement of an
“Affidavit of intent to return”.
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37.The Committee appreciates the State party’s efforts to
enter into bilateral agreements with countries of
destination with a view to promoting employment as
well as the welfare and rights of migrant workers.
However, the Committee is concerned that the
provisions contained in bilateral agreements so far
concluded do not sufficiently promote and protect the
fundamental human rights of migrants.
38.The Committee recommends that the State party, to
the extent possible, progressively mainstream
relevant and appropriate provisions of the
Convention into bilateral agreements.
Part VI. Promotion of sound, equitable, humane and
lawful conditions in connection with international
migration of workers and members of their families
(arts. 64-71).
39.The Committee notes with interest the labour migration
policy implemented by the State party, with the
government playing a supportive and regulatory role.
The Committee further notes the efforts taken by the
State party to strengthen the Philippine Overseas
Employment Agency and the Department of Foreign
Affairs’ handling of irregular migration. At the same
time, the Committee is concerned about the large
numbers of Filipino workers overstaying their visas and
the continuing existence of irregular and undocumented
Filipino migrants abroad, of which most are women
serving as domestic workers, who may be more
vulnerable to abuses.
40.The Committee recommends that the State party
continue to provide assistance to irregular Filipino
migrants in need of protection and to:
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a. Step up its efforts to prevent irregular
migration of Filipino nationals
b. Continue its efforts to secure cooperation
agreements with host countries.
c. Encourage collaboration of its consular
services and Labour Attachés abroad and
the countries which receive Filipino
workers to promote sound, equitable,
humane and lawful conditions for migrant
workers.
41.While noting that the State party has increased the
penalty for agencies with exorbitant placement fees, the
Committee expresses concern at claims that private
recruitment agencies continue to overcharge fees for
their services and act as intermediaries for foreign
recruiters, which may in certain instances, increase the
vulnerability of migrants.
42.The Committee recommends that the State party
review the role of private recruitment agencies and
endorses the recommendation of the Special
Rapporteur on the human rights of migrants to
strengthen the existing government-regulated
licensing system for recruitment agencies,
migration regulation and control mechanisms.
43.The Committee notes with interest information given by
the delegation on the State party’s strategic
reintegration program for migrant workers returnees,
including family members. Nevertheless, the Committee
notes the lack of information available to the Committee
on this program.
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44.The Committee encourages the State party to:
a. Work in partnerships with all relevant
partners to strengthen the existing
reintegration program, especially with
regards to addressing brain drain and
developing knowledge transfer initiatives
or brain gain schemes.
b. Allocate sufficient budget to reintegration
programs, and in particular to the
reintegration centre which opened in
2007.
c. Strengthen reintegration programmes in
order to ensure migration gains and
involvement of Filipino returnees in
projects that can lead to job creation in
the State party.
d. Continue and strengthen skills, technical
capacities and entrepreneurship trainings
for preparing an eventual reintegration
into the Philippines.
e. Adopt measures in accordance with the
principles
of
the
Convention
in
considering setting up local institutional
mechanisms to facilitate the voluntary
return of migrant workers and members
of their families as well as their durable
social and cultural reintegration.
45.The Committee expresses concern over the situation of
children and the negative impact on children whose
parents have migrated abroad. Information presented
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before the Committee points to children with at least
one parent working overseas living with loose family ties
and performing worse in school, notably in case of an
absent mother. This is of concern to the Committee
given that 50% of all Filipino migrant workers are
women.
46.The Committee encourages the State party to
support a comprehensive study on the situation of
children of migrant families, with the aim of
developing adequate strategies to ensure their
protection and the full enjoyment of their rights
through, inter alia, community support programs,
education and information campaigns and school
programmes. The Committee encourages the State
party to continue its collaboration with NGOs in
favour of these children and their mothers.
47.While noting the significant efforts of the State party
such as the recent convictions of traffickers and the “We
are not for sale” campaign, the Committee is concerned
about the significant number of Filipino workers abroad
who are victims of trafficking. The Committee further
regrets the very limited number of cases of filing,
prosecution, and conviction of perpetrators of trafficking
with many of those cases being dismissed at
preliminary stages.
48.The Committee endorses the recommendations of
the Committee on the Elimination of All Forms of
Discrimination against Women in this regard and
recommends the State party to:
a. Evaluate the phenomenon of trafficking
in persons and compile systematic
disaggregated data with a view to better
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combating trafficking,
women and children.
especially
of
b. Vigorously ensure effective enforcement
of anti-trafficking legislation and increase
efforts to improve the record of
prosecutions,
convictions,
and
punishment for traffickers and public
officials who profit from or are involved
in trafficking and bring perpetrators to
justice.
c. Strengthen the Anti-Illegal recruitment
campaign and provide adequate funding
for the implementation of the National
Strategic Plan of
Action against
Trafficking.
d. Continue collaboration with all relevant
partners
to
increase
advocacy,
information, education and overall public
awareness activities. Likewise, continue
its
ongoing
early
detection
and
prevention activities.
e. Coordinate
and
monitor
the
implementation of laws regarding forced
labour and slavery, and continue training
programs in identifying and providing the
necessary intervention and assistance to
trafficked persons. Continue training of
prosecutors to make them fully aware of
the nuances of anti-trafficking law.
Similarly, continue partnerships to
increase technical capacity building and
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training of law enforcers, prosecutors
and service providers.
f. Continue partnership with national and
international relevant partners, including
NGOs to provide services to victims of
trafficking.
49.The Committee notes the large number of government
departments and attached agencies as well as
legislation dedicated to migration issues, including RA
8042,
the
Philippine
Overseas
Employment
Administration (POEA) and the Overseas Workers’
Welfare Administration (OWWA). Nevertheless, the
Committee is concerned that institutional responsibilities
are spread among different ministries without a
coordinating entity, their limited means and capacity to
fulfill their mandate in a proper manner and little
coordination in the effective implementation of the
promotion and protection of the rights of migrant
workers.
50.The Committee recommends that, in order to
improve institutional capacity to respond to
problems affecting migrant workers, the State party
simplify and streamline the institutional structure
dealing with migration issues and allocate
sufficient resources, human and financial, for
agents within this structure to carry out their work
efficiently.
Furthermore,
the
Committee
recommends that the State party guarantee broader
participation of civil society NGOs
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7. Follow-up and dissemination
Follow-up
51.The Committee requests the State party to include in its
second periodic report detailed information on
measures taken to follow up on the recommendations
made in these concluding observations.
The
Committee recommends that the State party take all
appropriate measures to ensure that these
recommendations are implemented, including by
transmitting them for consideration and action to all
relevant national and local authorities.
52.The Committee encourages the State party to involve
civil society organizations in the preparation of the State
party’s second report.
Dissemination
53.The Committee likewise requests the State party to
disseminate these concluding observations widely,
including to public agencies and the judiciary, nongovernmental organizations and other members of civil
society, and to take steps to make them known to
Filipino migrants abroad and foreign migrant workers
residing or in transit in the Philippines.
8. Next periodic report
54.The Committee invites the State party to submit its core
document in accordance with the requirements of the
Common Core Document in the Harmonized Guidelines
on Reporting (HRI/MC/2006/3 and Corr.1).
55.The Committee notes that the State party’s second
periodic report is due on 1 July 2009. In the
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circumstances, the Committee requests the State party
to submit its second periodic report not later than 1 May
2011.
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